RESHAMWATI Vs. NAUBAT RAMA

JUDGEMENT

(1.) Original Suit No. 342/2002, Naubat Ram Vs. Smt. Reshwamwati was filed for the relief of specific performance of contract of sale of property of defendant in favour of plaintiff. This suit was decreed by the judgment dated 10.04.2014 of Addl. Civil Judge (S.D.), Badaun. Against this judgment of trial court, Civil Appeal no. 10/2014, Smt. Reshamwati Vs. Naubat Ram was preferred which was dismissed on merits by the judgment dated 16.09.2015 of the Additional District Judge, Court No. 9, Budaun, who had confirmed the findings of the trial court for specific performance of contract. Aggrieved by the judgment of the two courts below, present second appeal has been preferred by the defendant of the original suit.

(2.) It is pertinent to mention that execution of registered deed of agreement to sell was admitted by the parties. The defendant-appellant had taken a few factual points which were not proved, and the trial court as well as first appellate court had given concurrent findings of facts that parties had executed registered agreement to sell dated 20.9.1999 by which the defendant-appellant had taken advance consideration and agreed to execute registered sale-deed of disputed property after receiving remaining consideration. Thereafter plaintiff had been ready and willing party his part of contract but it was the defendant who had not executed sale-deed in spite of reminders and notice. With this findings both the courts below have confirmed the decree of specific performance of aforesaid agreement to sell.

(3.) So far factual aspect is concern, it was not challenged by the appellant. A perusal of the record reveals that there has been consistent and concurrent finding of fact on above mentioned point. Therefore, execution of registered agreement to sell has been proved and it is also proved that plaintiff-respondent has been ready and willing to perform his part of the contract, but it could not be executed due to fault of defendant-appellant.