ANWARI Vs. VAKIL ALIAS IQBAL

JUDGEMENT

(1.) HEARD Sri S. D. Kautilya, learned Counsel for the appellant and sri Anurag Khanna, learned Counsel for the contesting respondent.

(2.) THIS is defendant's second appeal arising out of suit for specific performance of an agreement to sell. The plaintiff's suit was decreed and the appeal filed by the defendant/appellant was dismissed.

(3.) FACTS giving rise to the dispute are that an agreement was executed between the plaintiff and defendant on 28. 2. 1989 for sale of the disputed property. Rs. 9,000/- was paid towards earnest money and period for executing the sale deed was three years. Subsequent thereon another agreement to sale was executed between the same parties for the same property on 9. 8. 1989 on the same terms and conditions but money paid at the time of execution of registration of the deed was Rs. 4,000/- The plaintiff claimed to have paid Rs. 37,000/-to the defendant in cash on 1. 8. 1989 and this fact was also mentioned in the second agreement to sell dated 9. 8. 1989. Total advanced amount paid was rs. 50,000/- The sale deed was not executed within the stipulated period of three years as such the suit was instituted on 24. 8. 1992, the same was decreed ex parte on 8. 12. 1998. An application to recall the ex parte decree was moved on 14. 12. 1998. Execution was stayed subject to the condition that the defendant deposits security within a period of one month. The plaintiff filed an objection to the recall application on 10. 12. 2004. The appellant, however, failed to deposit security as such interim order was not operative. Regular appeal filed before the District Judge, Muzaffar Nagar, was allowed and remanded to the Trial court. Once again suit was decreed on 24. 5. 2007. Against which civil appeal no. 65 of 2007 was preferred, which was dismissed.