PRABHAKAR Vs. TARACHAND

JUDGEMENT

(1.) The appellant/defendant has filed the appeal on 6.6.2012 under section 96 of the Civil Procedure Code being aggrieved with the judgment and decree dated 11.4.2012 passed by the Court of District Judge East Nimar, Khandwa decreeing the civil suit no.5-A/2011 in favour of the plaintiff/ respondent directing the appellant/defendant to execute the sale deed in his favour as per agreement dated 13.7.2010 Ex.P/5 (hereinafter the appellant is called the defendant and respondent the plaintiff).

(2.) On the basis of the pleadings of both the parties, the following admitted facts have come on record:-

(3.) Facts in brief as stated in the plaint are that the defendant had contracted to sell the disputed agricultural land vide agreement dated 13.7.2010 Ex.P/5 for total consideration of Rs.96,61,275/- under which Rs.20,00,000/- was paid to the defendant and the remaining amount was to be paid at the time of the registration of the sale deed. The plaintiff was ready and willing to perform the agreement forsale for getting the sale deed executed in his favour but the defendant did not execute the sale deed. As per agreement, the document of sale was to be executed on or before 12.3.2011 but 12.3.2011 was a holiday being a second Saturday. The plaintiff, therefore, appeared on 11.3.2011 before the Office of SubRegistrar to get the sale deed executed in his favour but the defendant did not turn up at the said office. After that, the plaintiff again appeared on 14.3.2011 at the Office of the Sub-registrar for getting the sale deed executed as per agreement Ex.P/5 but the defendant did not execute the sale deed as per terms and conditions of the contract and therefore, the suit was filed before the lower Court for the specific performance of the contract Ex.P/5.