RAM DASS Vs. JAGAT SINGH

JUDGEMENT

(1.) This second appeal is preferred against the judgement dated 8.5.1983 passed by IVth Additional District Judge, Ghaziabad in Civil Appeal No.210 of 1982 arising out of judgment dated 14.10.1981 passed by Civil Judge, Ghaziabad in Original Suit No.303 of 1977.

(2.) The brief facts, which give rise to this appeal are that the plaintiff-appellant (hereinafter called the "appellant") filed Suit No.303 of 1977 for the relief of specific performance of an agreement to sell against the defendant-respondent (hereinafter called the "respondent").

(3.) As per the contention of the learned counsel for the appellant, the respondent had 1/4th share in the agricultural plot situated in Village-Bisobhar, Pargana-Jalalabad, District-Ghaziabad. The respondent agreed to sell his share in the above said plots to the appellant for a consideration of Rs.9000/- and out of the above sale consideration, the respondent received Rs.99/- as earnest money and Rs.3901/- towards part payment of the sale. In addition to the above said amount, Rs.4000/- were paid to the respondent before the Sub-Registrar on 6.10.1975 when the agreement to sell between the parties was executed and registered. It was further agreed that the balance of sale price i.e. Rs.1000/- shall be paid at the time of registration of sale-deed, which was to be got executed by 5.10.1977. The appellant alleged that he was ready and willing to get the sale-deed executed in terms of agreement to sell and he send a notice to the respondent to execute the sale-deed but the respondent did not agreed to it. On the contrary, the respondent served a notice to the appellant denying the receipt of Rs.4000/-. The plaintiff left with no option but to file the suit for the specific performance.