BABULAL Vs. HIRALAL

JUDGEMENT

(1.) Plaintiff has assailed the judgment and decree passed by learned two Courts below, denying to grant decree of specific performance of contract.

(2.) In brief the suit of plaintiff is that the defendant Hiralal entered into an agreement of sale with plaintiff to sell his house, the description whereof is mentioned in para -1 of the plaint and which is the subject-matter of the suit for a consideration of Rs. 12,000/- on 12-6-1988. On this date an amount of Rs. 6,000/- was obtained by him as advance money. Further it has been pleaded in paras 2 and 3 of the plaint that by the end of 9th November, 1986, the plaintiff shall pay the entire balance amount or it may be paid in installments. Eventually, on 15-7-1986, 22-8-1986 and on 5-10-1986, the plaintiff paid sum of Rs. 1000/-, 1000/- and Rs. 2000/- respectively to the defendant. Thus, out of entire consideration of Rs. 12,000/- he had already paid a sum of Rs. 10,000/- to him and only an amount of Rs. 2000/- is required to be paid.

(3.) Further the case of the plaintiff is that he was always ready and willing to pay a sum of Rs. 2000/- to defendant and even today (on the date of the filing of the suit) he is ready to pay the said balance amount of Rs. 2000/-. But the defendant is not willing to execute the sale deed in his favour. Resultantly, he sent notices by registered post to defendant on 20-10-1986, 3-11-1986, 6-12-1986, 15-1-1987 and 4-2-1987, but the defendant is not agreeing to execute the sale deed. Hence, a suit for specific performance of the contract has been filed by him.