ISRAR ALI Vs. RAJ PAL SINGH

JUDGEMENT

(1.) Heard learned counsel for the appellant and perused the records.

(2.) The instant second appeal has been filed under Section 100 CPC against the judgment and decree dated 19.9.2017, passed in Regular Civil Appeal No.72 of 2014; Israr Ali Vs. Rajpal Singh arising out of judgment and decree dated 31.7.2014, passed in Regular Suit No.303 of 2006; Rajpal Singh Vs. Israr Ali,whereby the suit for specific performance of contract filed by respondent-plaintiff was allowed and decreed and the appeal preferred before the lower appellate court by appellant-defendant was dismissed.

(3.) As per given facts, the respondent-plaintiff had filed a suit for specific performance on the basis of agreement to sale dated 10.10.2005, according to which the appellant-defendant had agreed to sell the land situated at Chak No.58, Plot No.683, measuring 0.252 hectare, Village Bachgawan, Pargana Pasgawan, Tehsil Mohammadi, District Kheri to the respondent-plaintiff at a consideration of Rs.80,000/-. As per the terms of agreement to sale the appellant-defendant was required to execute the sale deed in favour of respondent-plaintiff within six months from the date of agreement to sale after receiving the remaining amount of Rs.15,000/-. It was mentioned in the agreement that Rs.65,000/- has been paid as advance to the appellant-defendant. As per the case of the respondent in the plaint the appellant-defendant had refused to execute the sale deed on 25.9.2006, as such, after giving notice the respondent-plaintiff had filed a suit for specific performance.