RATAN LAL Vs. OM PRAKASH & OTHERS

JUDGEMENT

(1.) Heard Sri Ram Kishore Pandey, Advocate, assisted by Sri Ashok Bhatnagar, learned counsel for the appellant and Sri P. N. Saxena, Sr. Advocate, assisted by Sri K. K. Tewari, learned counsel for the respondents.

(2.) This is defendant's Second Appeal against the Judgment and Decree dated 19.10.1984, passed by Ist Additional District Judge, Jhansi in Civil Appeal No.194 of 1980, dismissing the Appeal and confirming the Judgment and Decree dated 008.1980 passed by Munsif Magistrate, Ist Class (Court No.8), Jhansi in Original Suit No.113/1979 (Sri Om Prakash Vs. Sri Ratan Lal).

(3.) The plaintiff, Om Prakash, instituted an Original Suit No.113 of 1979, praying for a decree of Specific Performance of Contract dated 11.12.1972 on the ground that the defendant, Ratan Lal entered into an Agreement to Sale dated 11.12.1972 regarding H.No.11/57, Sadar Bazar, Panna Lal Ka Hata, Jhansi; that at that time the registrations were closed , therefore it was agreed that as soon as the registration will start, defendant will execute a sale deed in favour of the plaintiff; that the Agreement to Sale was for a consideration of Rs.4,000/- and the plaintiff paid Rs.2,000/- as advance and remaining amount of Rs.2000/- was agreed to be paid to the defendant at the time of execution of sale deed; that the expenses for registration of the sale deed were required to be borne by the plaintiff; that there was condition that the defendant shall execute the sale deed within 1 month from the date, the registration starts; that after registration started the plaintiff requested the defendant to execute the sale deed but he avoided the same on various pretexts; that the plaintiff as a last resort gave notice dated 11.09.1978 to the defendant but he did not execute the sale deed and hence the suit was instituted.