NEMICHAND JAIN AND ANOTHER Vs. VIJAY KUMAR GOYAL

JUDGEMENT

(1.) This first appeal has been preferred against the judgment and decree dated 19.10.1994 passed by the IInd Additional District Judge of Gwalior, whereby the suit of the plaintiffs-appellants for specific performance of the contract was dismissed, and the plaintiffs were directed to pay the damages at the rate of Rs. 2,000.00 per month to the defendant-respondent.

(2.) Admittedly, the parties had entered into an agreement for sale on 17th of Oct., 1986 which was registered on 13.10.1986, which is proved and admitted on record as Ex.-P/1. In pursuance of the said agreement, earnest money of Rs. 5,000.00 was paid by the plaintiffs-appellants to the defendant-respondent. The balance amount of Rs. 75,000.00was to be paid at the time of execution of the sale-deed. These conditions as mentioned in the agreement itself are admitted and there is no dispute to that extent. The sale-deed was not executed by the defendant within the time. The plaintiffs gave a notice. The defendant replied that since the time has expired, and a particular wall was not constructed by the plaintiffs, in pursuance of the agreement, he was not prepared to execute the sale-deed.

(3.) The plaintiffs had filed a Civil Suit No. 10-A/87 before the Trial Court with the prayer that the defendant be directed to execute the sale-deed of the disputed property on getting the balance amount of Rs. 75,000.00. The plaintiffs also claimed that on getting the earnest money, they were already put in possession of the disputed property agreed to be sold, only a formal sale deed was to be executed after paying the balance amount of consideration. The wall to be constructed as mentioned in the agreement was to be done/ constructed by the defendant himself, and the costs of the same were only to be borne by the plaintiffs-appellants. The plaintiffs-appellants were always ready and willing to bear the costs of the wall and to pay the balance amount at the time of the sale-deed. The defendant later-on backed out from the agreement and did neither get the wail constructed nor came forward to execute the sale-deed in spite of the notice, and the suit was filed.