SUKHBIR SINGH Vs. BRIJ PAL SINGH

JUDGEMENT

(1.) D. C. Srivastava, J. Suit for specific performance of agreement to sell was dismissed by the trail court, but the appellate court reversing the judgment and decree of the trial Court decreed the suit. It is, therefore, this second appeal.

(2.) LEARNED counsel for the parties were heard and the record was perused.

(3.) PARAGRAPHS 9 and 10 of the plaint further indicate that the defendants were told several times to execute the sale-deed, but they were making promises and ultimately told that they will execute the sale-deed on 9th March, 1977. On 9th March, 1977 the plaintiff went to the office of the Sub-Registrar with ready money, b. i the defendants absented. The plaintiff obtained a certificate about his presence in-the office of Sub-Registrar on 9th March 1977, which was filed as paper No. 41-C.