MUNNI LAL Vs. LAXMI PRASAD

JUDGEMENT

(1.) Heard Sri Kamlesh Kumar Tiwari, for the petitioner and Sri Ram Sheel Sharma, for the respondents.

(2.) This petition has been filed for setting aside the orders of Civil Judge (Senior Division), dated 11.09.2015, rejecting objection of the petitioner under Section 47 C.P.C., in execution proceeding and Additional District Judge, dated 13.01.2016, dismissing the revision of the petitioner against aforesaid order.

(3.) Laxmi Prasad (the respondent) filed a suit (registered as O.S. No. 93 of 1997) for specific performance of registered agreement to sell dated 25.05.1992 against the petitioner. It has been stated in plaint that the petitioner was owner of plot 1013 (area 17.81 acre) of village Gursarai, pargana Garotha, district Jhansi. The petitioner entered into a registered agreement to sell dated 25.05.1992 with the respondent and agreed to sell an area of 6.001 acre land of plot 1013 for sale consideration of Rs. 93,000/-. Out of total sale consideration, Rs. 70,000/- was taken on 25.03.1992 at the house and Rs. 18,000/- before Sub-Registrar at the time of registration of the agreement to sell. It was agreed between the parties that after giving remaining amount of Rs. 5000/- within two years, sale deed would be executed. The respondent was ready with remaining sale consideration and willing to obtain sale deed within time allowed under the agreement but the petitioner avoided to accept the remaining sale consideration and execute sale deed on one or other pretext. Registered notice dated 30.11.1996 was send by the respondent which was served upon the petitioner, asking him to come to the office of Sub-Registrar on 24.12.1996 and execute sale deed after taking remaining sale consideration but he did not turn up. On these allegations suit was filed.