(1.) DEFENDENT no. 1-appellant has directed this appeal against the judgment and the decree dated 22nd December, 1994, passed by IV th ADJ, Dewas, in Civil Suit No. 18A/92, thereby passing a decree in favour of plaintiff-respondent no. 1 for the specific performance of the contract of sale of agricultural land as per agreement dated 23.1.1980 (Ex. P-10). The learned trial Court also awarded Rs.10,000/- by way of damages in favour of the plaintiff for not performing the said contract within a stipulated time. By the impugned judgment, the learned trial Court also awarded interest @ 12% p.a. on the amount of the earnest money of Rs. 35,100/- received by the defendant on 21.8.1981, till the execution of the sale deed in favour of the plaintiff in compliance of the impugned decree.
(2.) BRIEFLY stated, the facts of the case are that on 23.1.1980, appellant and respondents no. 2 and 3 entered into an agreement to sell their respective shares of the agricultural land situated in village Balgad, Tahsil Dewas, bearing Survey Nos.185/1, 213, 214/2,218/1 and 233; total area 7.69 acres. By a subsequent amendment, if is stated in the plaint that during the pendency of the suit, respondents no. 2 and 3 have executed sale deed of their share in the disputed property in favour of the plaintiff in compliance of the agreement dated 23.1.1980. But despite the repeated requests and notices, the defendant-appellant has not performed his part of the contract and executed a sale deed of his l/3rd share in the alleged suit property. As such, the plaintiff-respondent no. 1 filed a suit for specific performance of the said contract before the trial Court, against appellant and respondents no. 2 and 3.
(3.) THE learned trial Court, on the basis of the pleadings of the parties, framed issues and on evaluating the evidence adduced on behalf of the parties, allowed the plaintiff's suit and passed a decree for specific performance of the contract with regard to agreement dated 21.8.1981, and directed to execute a sale deed of 1/3rd share of the appellant in Survey No. 213, 214/2 and 218/1 in the suit-properties in plaintiff's favour. The learned trial Judge held the appellant guilty for committing default in not performing his part of the contract within the stipulated period and imposed damages of Rs.10,000/- to be paid to the plaintiff and also directed payment of interest on the earnest money paid by plaintiff-respondent to the appellant as indicated above. Aggrieved by the impugned judgment and decree of the trial Court, the appellant has filed this appeal.