SURENDRA SINGH Vs. SANJEEV

JUDGEMENT

(1.) Challenge in this Second Appeal is to the judgment and order dated 26.5.2018 passed by the Additional District Judge, Court No. 1, Kairana, Muzaffar Nagar, in Civil Appeal No. 123 of 2015, Sanjeev Vs. Surendra Singh, arising out the judgment and order dated 28.10.2015 passed by the learned Civil Judge (Senior Division), Kairana, in Original Suit No. 96 of 2009, Surendra Singh Vs. Sanjeev, whereby the learned lower appellate court has partly allowed the appeal.

(2.) Heard learned counsel for the appellant on the point of admission and perused the record.

(3.) The brief facts giving rise to this appeal are that the appellant was the plaintiff in Original Suit No. 96 of 2009 filed for specific performance of contract. According to the plaint averments, the defendant- respondent had entered into an agreement to sell the dispute land i.e. plot no. 2477 measuring 0.803 hectare to the plaintiff- appellant for a consideration of Rs. 1,50,000/- out of which Rs. 1,00,000/- was paid as earnest money and the remaining amount of Rs. 50,000/- was to be paid on 25.11.2008, at the time of execution of the sale deed. The agreement to sell was registered on 26.5.2008. It was further averred by the plaintiff that he sent a notice to the defendant on 4.11.2008 by registered post asking him to come to Registration office on 25.11.2008, which was the last date as per the terms of the agreement for execution of the sale deed. The notice was received by the defendant, who replied to the said notice on 22.11.2008. However, the defendant did not reach the Registration office on the stipulated date whereas the plaintiff waited for the defendant in the Registration Officer since 10.00 A.M. to 5.00 P.M. with the amount of Rs. 50,000/-, which was to be paid to him but the defendant did not come to fulfill his part of the agreement. Therefore, the plaintiff had to return after entering his presence in the Registration Office. It was averred by the plaintiff that he was always ready and willing to perform his part of the contract but the defendant breached the agreement, therefore, it was prayed that the defendant be directed to receive Rs. 50,000/- i.e. the remaining amount of sale consideration and to execute the sale deed in his favour in respect of the disputed land.