ABDUL HAI Vs. SHANTI DEVI

JUDGEMENT

(1.) -This second appeal has been filed by the defendant for setting aside the judgment and decree dated 6.9.1982 passed by the learned Additional District Judge, Budaun whereby the judgment and decree dated 7.11.1981 passed by the learned Civil Judge has been set aside and the defendant has been directed to execute the sale-deed in favour of the plaintiff on payment of Rs. 3,480 within a period of three months failing which the plaintiff would be at liberty to seek the assistance of the Court.

(2.) THE plaintiff had filed the suit for specific performance of the registered agreement of sale executed on 17.2.1979 on the allegation that the aforesaid agreement had been executed by the defendant in favour of the plaintiff for a consideration of Rs. 13,000 out of which Rs. 2,520 was initially paid and thereafter Rs. 7,000 was paid at the time of registration of the agreement to sell while the balance sale consideration of Rs. 3,480 was required to be paid at the time of registration of the sale-deed. It was also stated that the plaintiff has always been ready and willing and is still ready and willing to get the sale-deed executed after payment of Rs. 3,480 but the defendant avoided the same despite repeated demands by the plaintiff. THE plaintiff had, therefore, asked the defendant by registered notice to reach the office of the Sub-Registrar on 11.2.1980 and though the plaintiff remained present in the office of the Sub-Registrar on the said date from morning till evening but the defendant did not reach there.

(3.) ISSUE No. 5 was decided in favour of the plaintiff and against the defendant. ISSUE Nos. 1, 2, 4 and 6 were jointly decided by the trial Court. On the basis of the evidence on record both oral and documentary, the trial Court recorded the following findings in respect of the aforesaid issues :