RAM AUTAR Vs. BALDEO SINGH

JUDGEMENT

(1.) The plaintiff is in this second appeal. He instituted a suit for specific performance. His case is that the defendant had executed a registered agreement to sell on 31.1.2007 for a sale consideration of Rs. 70,000.00 in respect of one acre land out of 1.951 hectares of an agricultural plot Khasra No. 408. He paid Rs. 50,000.00 as advance and the balance amount Rs. 20,000.00 was to be paid at the time of execution of the sale deed by 31.1.2008 or before that.

(2.) The plaintiff has averred in the plaint that he was ready and willing to perform his part of contract. The plaintiff orally made request to the defendant several times for execution of the sale deed but he did not pay any attention and failed to execute the sale deed within one year which was the time mentioned in the agreement to sell.

(3.) According to the plaintiff, the cause of action arose when on 31.1.2008 the plaintiff did not turn up for execution of the sale deed, in spite of the due notice, on 22.1.2011. His conduct clearly demonstrates that he was not interested to execute the sale deed.