HAZARILAL Vs. MUNNIBAI

JUDGEMENT

(1.) THIS is defendant's first appeal under Section 96, CPC challenging the decree for specific performance of contract for sale of a house.

(2.) IT is no longer in dispute that defendant Hazarilal by Ikrarnama dated 17-12-1979 (Ex. P-1) agreed to sell two blocks of house in 8th lane, Itarsi to the plaintiffs for Rs. 23,000/- and received an amount of Rs. 9,000/- from them on that date. The plaintiff No. 1 was living in oneot'the blocks as a tenant of the defendant at a monthly rent of Rs. 54/ -. A cheque for Rs. 6,000/- which was to be received by the plaintiff No. 1 from the Labour Court was to be delivered to the defendant within a week. The balance amount of Rs. 8,000/- was to be paid on or before 30-6-1980 and the sale-deed was to be executed and registered on that date. The time was mutually extended upto 5-7-1980 but on that date the sale-deed was not executed. There was exchange of various notices between the parties.

(3.) THE plaintiffs case is that they were always ready and willing to perform their part of the contract. They gave the cheque for Rs. 6,000/- to the defendant within a week of the sale of agreement but he did not encash it. They expressed their readiness and willingness to pay the amount of Rs. 14,000/- to the defendant by their notices dated 22-6-1980 (Ex. P-11) and dated 29-6-1980 (Ex. P-12) and called upon him to execute the sale-deed. The defendant sent the reply dated 1-7-1980 (Ex. P-7) asking the plaintiffs to buy the stamp papers and stating therein that he is prepared to execute the sale-deed on 5-7-1980. The plaintiffs purchased the stamp papers worth Rs. 2070/- on 4-7-1980 and waited for the defendant in the office of the Sub-Registrar on 5-7-1980 but he did not turn up. The plaintiffs again sent the notices dated 6-7-1980 and dated 18-7-1980 (Ex. P-18) but he did not respond. The plaintiffs returned the stamp papers. Again he sent the notice dated 20-1-1981 (Ex. P-19) to the defendant and filed the present suit. The plaintiffs have made averment in the plaint that they were always and are still ready and willing to perform their part of the contract i. e. payment of Rs. 14,000/- but the defendant is declining to perform his part of the contract.