SHAMBHUDAYAL Vs. ALIYA BI

JUDGEMENT

(1.) THIS is an appeal by the Plaintiff whose suit claiming specific performance of sale of certain houses by Defendant has been dismissed by the lower Court.

(2.) IT is the Plaintiff's case that Defendant by a written contract dated 1 -10 -1957 had contracted to sell her four houses to him for a cash consideration of Rs. 12,000/; that an earnest amount of Rs. 1500/ - was paid to her on the date of contract, and that the transaction of sale was to be completed within two months in default of which the Defendant was entitled to forfeit the same terminating the contract; that he had been calling upon the Defendant, by registered notice, notice under certificate of posting, telegraphic notice, publication in a newspaper and finally by attempting to deliver notice personally and failing which affixing the same on her house, to execute the deed of conveyance and to receive the consideration as agreed upon but it was all in vain. The Defendant simply would not receive any notice or pay any heed to his demand. Hence his suit.

(3.) THE lower Court held that it was the Plaintiff who had committed breach of contract in not taking any steps to have the sale deed executed within the stipulated period from the Defendant and hence was not entitled to claim any relief. Accordingly it dismissed the suit. Hence this appeal.