MADHO SINGH Vs. HARGOVIND AND ORS.

JUDGEMENT

(1.) With the consent of learned counsel for the parties, the matter is finally heard.

(2.) This appeal under Sec. 100 of the Code of Civil Procedure, 1908, is directed against the judgment and decree dtd. 27/2/2017 passed in Civil Appeal No.500028/2015 whereby the judgment and decree dtd. 31/3/2015 in civil suit No.03A/2015 is reversed.

(3.) Suit at the instance of the appellant was for specific performance of contract of sale of 1/3rd share of land forming part survey No.1775 ad-measuring 0.11 hectare situated at village Rator, Tashil and District Shivpuri. It was contended inter alia that the agreement of sale was entered into on 12/6/2009 and after receiving earnest money of Rs.18000.00 the possession was delivered in favour of the plaintiff. And that plaintiff was ready and even willing to perform his part of agreement. The defendant besides denying the execution of agreement of sale, contended that the plaintiff is the encroacher and has since been dispossessed from the suit land. It was urged that the plaintiff is not entitled for decree of specific performance.