DULI RAM MAURYA Vs. NAND RAM

JUDGEMENT

(1.) Heard Sri A.K. Srivastava, learned counsel for appellant and perused the record.

(2.) The instant appeal has been filed against the impugned judgment and decree dated 22.11.2003 passed by Additional District Judge, Court No.2, District Budaun in Civil Appeal No.101 of 1998 setting aside the judgment and decree dated 18.8.1998 of Ist Additional Civil Judge (Junior Division), Buduan in O.S. No.109 of 1993.

(3.) The brief facts relating to the case are that plaintiff-respondent filed Civil Suit No.109 of 1993 in the Court of Civil Judge (Junior Division), Buduan for specific performance of contract with the averments that defendant being owner of property in dispute agreed to sell the same in favour of plaintiff for a sum of Rs.25,000/- and executed a registered agreement for sale in his favour after accepting Rs.13,000/- as earnest money and sale deed was agreed to be executed within 14 months on payment of balance sale consideration of Rs.12,000/-; that the plaintiff was always ready and willing to perform his part of contract and also served defendant with notice by registered post through his counsel and appeared in the office of Sub Registrar, Budaun on dates fixed i.e. 25.8.1992 and 2.9.1992 and got his presence registered, but defendant did not turn up, hence suit is being filed.