KARAN SINGH Vs. JAGDISH KEBRE

JUDGEMENT

(1.) This first appeal, under Sec. 96 of CPC, has been filed against the judgment and decree dtd. 27/11/2009 passed by II Additional District Judge, Gwalior in Civil Suit No. 1A/2008, by which a decree for specific performance of contract has been awarded.

(2.) The appellant is the defendant who has lost his case from the Court below.

(3.) The facts necessary for disposal of the present appeal, in short, are that the plaintiff/respondent No. 1 filed a civil suit for specific performance of contract and permanent injunction. It is the case of the plaintiff that the defendant had one-fourth share in Survey Nos. 885, 886, 887, 888, 889, 890 situated in village Girwai, District Gwalior. The defendant No. 1 entered into an agreement with the plaintiff to sell his one-fourth share arising out of the aforesaid land on 27/07/2004 for a total consideration of Rs.2,30,000.00, and at the time of execution of the agreement to sell, the defendant had also received Rs.1,00,000.00 by way of advance. It was also agreed upon between the parties that the remaining amount of Rs.1,30,000.00 shall be paid at the time of execution of sale deed. The sale deed was to be executed on or before 27/05/2005. Since the defendant did not execute the sale deed, therefore, the plaintiff sent a notice on 12/08/2006 and 28/02/2007. Accordingly, it was the case of the plaintiff that in spite of service of notices, the defendant No. 1 has not executed the sale deed in pursuance of the agreement dtd. 27/04/2004, therefore, the suit was filed for specific performance of contract as well as for possession. A permanent injunction was also sought that the defendant No. 1 should not alienate the disputed property to anybody else.