KASHIRAM Vs. MITTHULAL

JUDGEMENT

(1.) FEELING aggrieved by the judgment and decree dated 15.5.1996 passed by learned 2nd Additional Judge to District Judge, East Nimar, Khandwa in Civil Suit No.85-A/1995 whereby the suit of specific performance of contract has been decreed, this appeal under section 96 of CPC has been filed by the appellant-defendant.

(2.) SHORN of unnecessary detail, the facts of the case lie in a narrow compass. Suffice it to say that a suit for specific performance of contract has been filed by plaintiffs-respondents against the present appellant- defendant on the averments that he (defendant) is having open land, the description whereof has been mentioned in the Schedule attached to the plaint and which is also the part of the plaint. As per the plaint averments the parties entered into an agreement of sale on 1.12.1991 and it was agreed by the defendant to sell the suit land in favour of plaintiffs for a consideration of Rs.24,000.00 and in advance a sum of Rs.3,000.00 was paid by the plaintiffs to him. A document of agreement of sale on the same day was also executed mentioning the factum of receipt of Rs.3,000/ as advance. In the same agreement it has been further mentioned that on 1.1.1992 the plaintiffs shall also pay a further sum of Rs.7,000.00 and the balance amount of Rs. 14,000.00 shall be paid by them on or before 5.4.1992 and thereafter the land in question mentioned in the Schedule to the plaint shall be sold by the defendant by executing a registered sale-deed.

(3.) THEREAFTER before the agreed date i.e. 5.4.1992 on or before which the sale-deed was to be executed, when the defendant did not execute the sale-deed another notice dated 10.2.1992 was sent by plaintiffs through their counsel by registered AD post to defendant and further he was asked to get the sale-deed executed. But, again a wrong reply was sent by him stating the same stand which he took in his earlier reply. It has also been pleaded by the plaintiffs that they always remained ready to perform their part of contract but the defendant avoided to get the sale-deed executed. Hence, present suit is being filed.