CHAUTHI RAM Vs. RAM CHANDRA

JUDGEMENT

(1.) This is defendant's second appeal arising from a suit for specific performance of contract decreed ex parte. Original Suit No. 101 of 1992 was instituted on 02.07.1992 before the Court of the Civil Judge, Mirzapur (now re- designated as Civil Judge, Senior Division) by the respondents, claiming relief of specific performance of contract. They sought specific performance of a registered agreement to sell dated 14.06.1990 said to be executed by the defendant-appellant in their favour, covenanting to sell immovable property as detailed at the foot of the plaint, for a valuable sale consideration of Rs. 65,000/-. The aforesaid registered agreement to sell is hereinafter referred to as 'the suit agreement'. The property that is subject matter of the suit under reference, is hereinafter be referred to as 'the suit property'. The appellant is hereinafter referred to as 'the defendant', whereas the respondents are referred to as 'the plaintiffs'.

(2.) It was the plaintiffs' case that at the time of execution and registration of the suit agreement, a sum of Rs. 30,000/- was paid in cash, leaving a balance sale consideration of Rs. 35,000/-. The plaintiff claimed to have requested the defendant a number of times over to execute the sale deed as covenanted, but the defendant was elusive. The plaintiff claimed to have called upon the defendant through notices to come forward on 03.01.1992, 24.03.1992 and 07.04.1992 to execute a sale deed in terms of the suit agreement but the defendant did nothing more than to re-assure the plaintiffs. The plaintiffs have averred in the plaint that they are ready with the balance sale consideration of Rs. 35,000/- to pay it over to the defendant and secure execution of the sale deed from the date of the suit agreement; the plaintiffs' claimed to have always been ready and still ready to perform their part of the suit agreement. Alleging breach of the suit agreement by the defendant, the suit giving rise to present appeal was brought as above detailed.

(3.) It appears that the plaintiffs put in appearance and sought time to file a written statement but in the absence of a written statement being filed, the suit was directed to proceed ex parte vide order dated 24.01.1995, passed by the learned Additional Civil Judge (Senior Division), Mirzapur. The suit was decreed ex parte by the learned Trial Judge vide judgment and decree dated 27.02.1996 ordering the plaintiff to execute a registered sale deed in favour of the defendant's within two months of the decree, in the terms covenanted in the suit agreement, conveying to the defendants, the suit property.