SMT. RAMSHRI AND 4 OTHERS Vs. SMT. JASWANTI

JUDGEMENT

(1.) This is an appeal on behalf of the defendant under Sec. 100 C.P.C.

(2.) The plaintiff-respondent instituted a suit for specific performance, which was registered as a suit no. 146 of 2004. The case of the plaintiff was that the defendant has executed a registered agreement to sell on 06.05.2003 for the sale of the agricultural plot of area 0.796 hectares of plot no. 70 situated in village Nagla Jat, Pargana Mustafabad, Tehsil Jasrana, District Firozabad for a consideration of Rs.60,000.00. It was stated that the plaintiff had paid Rs.40,000.00 to the defendant and it was agreed that the balance amount of Rs.20,000.00 shall be paid by the plaintiff at the time of execution of the sale deed. It was also agreed that the said sale deed shall be executed within a year. The plaintiff was always ready and willing to perform her contract and she requested the defendant for the execution of the sale deed but when no action was taken to perform the contract, the plaintiff had sent three notices dated 06.05.2003, 09.04.2004 and 27.05.2004 upon the defendant to execute the sale deed. When the defendant failed to execute the sale deed, the plaintiff had instituted the aforesaid suit.

(3.) The appellants-defendants filed written statement. A stand was taken that although agreement was executed by the defendant but it was in respect of the loan which she has taken for the purposes of marriage of her daughter.