VIRENDRA SINGH Vs. ROHIT AND ORS.

JUDGEMENT

(1.) O.S. No. 410/2009, Virendra Singh v. Rohit & others was filed by plaintiff for specific performance of contract. The plaint averment was that defendants had agreed to sell the 1/6th of their share of property in bhumidhari land detailed in plaint for Rs. 60,000/- and received Rs. 30,000/- as advance consideration and agreed to execute sale deed till 28.1.2009. Two of the defendants were minor, therefore said agreement was executed on their behalf by their mother, defendant no.-5. Plaintiff has been ready and willing to perform his part of contract, who had been asking and reminding the defendant to execute sale deed in his favour after receiving remaining consideration, and also also given legal notice for the same but defendants were not ready to execute sale-deed as agreed between parties, therefore, plaintiff had filed suit for specific performance of contract.

(2.) The defendants had not admitted the plaint case in their written statement and pleaded that in pretext of executing document for loan the plaintiff had fraudulently got signed documents by defendants without any consideration. Therefore, the document of registered agreement to sell is void and suit is liable to be dismissed.

(3.) After accepting evidences, the Additional Civil Judge (S.D.), Court No.-3, Ghaziabad had passed judgment dated 27.5.2012 by which plaint averment regarding execution of registered agreement to sell as well as readiness and willingness of plaintiff to perform his part of contract as mentioned in the plaint, was found proved. But the trial court had declined the plaintiff the first and main relief of specific performance of contract, and decreed the suit for alternative relief of return of advance consideration of Rs. 30,000/- with interest to plaintiff from defendant.