HARI OM Vs. GOPAL

JUDGEMENT

(1.) THIS is defendants' appeal. Plaintiff Shri Gopal filed suit for specific performance with the allegation that Matru Mai, father of the defendants had agreed to sell his residential house for a sum of Rs. 9,500 for which he executed a written agreement and had also accepted Rs. 2,000 by way of advance money with the stipulation that out of Rs. 2,000, he will pay interest at the rate of 2% per month on the sum of Rs. 1,000 and the said amount of interest will be taken into account at the time of execution of sale-deed, and the sum, which is found payable by way of interest will be reduced from the amount of remaining sale consideration, which is payable at the time of execution of sale-deed.

(2.) THE appellant denied that Matru Mai, his father had ever executed the agreement deed. He further denied that any amount by way of advance was paid to him. It was further pleaded that the plaintiff- respondent has not shown his readiness and willingness for getting the sale-deed executed and for paying sum of Rs. 7,500, the alleged remaining amount of the sale consideration payable at the time of execution of sale-deed as per the agreement.

(3.) SRI Vishnu Sahai, learned counsel, has appeared for the appellant. However, none has appeared on behalf of the plaintiff.