KEDAR Vs. RAMESHWAR

JUDGEMENT

(1.) THIS appeal under Section 100 of CPC is at the instance of the defendant in the suit challenging the concurrent decree of the trial Court as well as the first appellate court for specific performance of the contract. The trial court by the judgment dated 6th December 2004 had decreed C.S. No. 26A/1998 and granted decree of specific performance in favour of respondent No.1 and first appellate court by the judgment dated 29/3/2005 by dismissing the civil appeal No. 38A/2004 has affirmed the said decree.

(2.) RESPONDENT No. 1 had filed the suit for specific performance pleading that appellant had agreed to sell the suit land to respondent No. 1 by oral agreement dated 22/12/1976 and had received full consideration amount and had also handed -over the possession and original title document. Thereafter respondent No. 1 had started paying the land revenue and had continued in possession. On 1/12/1991, the written agreement for sale of the suit land was also executed by the appellant in favour of respondent No. 1. Respondent No. 1 was always ready and willing to perform his part of the contract. He had given the notice dated 3/8/1998 requiring the appellant to execute sale deed within eight days of receipt of the notice. The notice was served on 7/8/1998 but the appellant did not execute the sale deed. On the contrary, he had tried to dispossess respondent No. 1 therefore, the present suit was filed. The appellant had denied the plaint averment and had raised the plea that the appellant is the owner in possession of the suit land and that no agreement to sell was ever executed by the appellant in favour of respondent No. 1.

(3.) THIS court vide order dated 6/3/2006 had admitted the appeal on following substantial questions of law: -