GULSHAN LAL Vs. PEERAN BEE

JUDGEMENT

(1.) This appeal has been filed by the appellant/plaintiff under Section 96 of the Civil Procedure Code, 1908 against the judgment and decree dated 30.11.1999 passed in Civil Suit No.159-A/95 by the IX Additional District Judge, Jabalpur whereby the appellant/plaintiff-'s suit for specific performance of contract has been dismissed.

(2.) In brief the facts of the case are that the plaintiff-appellant entered into an agreement with the respondent-defendant on 25.11.1986 for purchase of the land bearing khasra No.1207 and 1224, ad measuring 5.49 hectares, situated at Mouza Panagar, Nazool Block No.212, Patwari Halka No.13. The consideration for the aforesaid purchase was Rs.1,08,000/- and in pursuance of which the plaintiff-appellant had also paid a sum of Rs.11,000/- as earnest money to the defendant-respondent towards the aforesaid sale agreement.

(3.) In the aforesaid agreement it was agreed between the parties that the plaintiff-appellant would get the sale deed executed before 10.5.1987 after paying the balance amount of consideration either in one name or in separate names but, as averred in the plaint amongst other grounds that the defendant-respondent failed to comply with her part of the agreement despite the fact that plaintiff-appellant was ready and willing to execute the sale deed, a civil suit No.159-A/95 was filed by the plaintiff-appellant.