GOPAL JI Vs. SMT. NASEERAN BIBI

JUDGEMENT

(1.) This second appeal has been preferred against the judgment of the Court of Civil Judge (S.D.), Azamgarh in original suit no. 105/2000 and judgment dated 04.02.2016 of the Additional District Judge, Court no. -8, Azamgarh in Civil Appeal no. 120/2013.

(2.) Original suit no. 105/2000 (Naseeran Bibi v. Gopal Ji) was filed for specific performance of contract. The plaint case in brief was that registered agreement to sell dated 25.04.1997 was executed between the parties, by which defendant Gopal Ji had agreed to sell his property in question to plaintiff Smt. Naseeran Bibi for a consideration of Rs. 3,00,000/ - and had received advance consideration of Rs. 2,00,000/ -. It was agreed that defendant will execute the sale -deed of this property to plaintiff within one year. But later on, defendant had not executed the sale -deed in spite of reminder, then plaintiff had sent her legal notice dated 16.03.2000 and also orally requested. The plaintiff has been ready and willing to perform his part of contract by paying remaining consideration for getting the sale -deed executed but defendant was not willing to perform her part of contract, therefore, plaintiff had filed suit on 22.04.2000 for specific performance of aforesaid registered agreement for sale.

(3.) Defendant Gopal Ji had filed written -statement in original suit, by which this plaint case was admitted that registered agreement to sell dated 25.04.1997 was executed between the parties, by which defendant had agreed to sell his property to plaintiff for a consideration of Rs. 3,00,000/ - and had received advance consideration of Rs. 2,00,000/ -, and that it was agreed that defendant will execute the sale -deed of this property to plaintiff within one year. It was further pleaded that it was mentioned in said agreement that if sale -deed will not be executed within one year then plaintiff will not be entitled to get it executed and his advance consideration amount would be confiscated. The plaintiff was not ready or willing to perform his part of contract, so he gave legal notice after two years. Suit is time barred and is liable to be dismissed.