ANOKHILAL Vs. SEEMA CHORDIA

JUDGEMENT

(1.) BOTH these appeals have been filed under Section 96 of the Code of Civil Procedure against the judgment and decree dated 17. 01. 1996 passed by the IV Additional District Judge, Ratlam in Civil Suit No. 69-A/1992. For the sake of convenience, the brief facts necessary for disposal of both the appeals are taken from First Appeal No. 89/1996.

(2.) A suit for specific performance was filed by the appellant Anokhilal on the basis of an agreement for sale dated 12. 11. 1986 under which first respondent Ku. Seema Chordiya through her father and General Power of Attorney holder Shantilal chordiya contracted with him to sale a piece of land Survey No. 35/3 area 0. 200 hectares situated at Village Dosigaon. As per the said agreement the price of land was fixed at Rs. 28,000/- out of which Rs. 5,000/- was paid to the appellant as advance and remaining amount of Rs. 23,000/- was to be paid at the time of the registration of the sale deed which was to be executed before 31. 3. 1987. However, the remaining amount of Rs. 23,000/- was not paid and the registration of the sale deed was not executed between the parties till 31. 3. 1987. In the circumstances, the first respondent (defendant No. 1) vide registered sale deed dated 12. 5. 1987 sold the suit land to the second respondent (defendant No. 2) Jayant Vitamins Ltd. Therefore, the plaintiff (appellant) filed the suit against the defendants (respondents)for specific performance of contract, permanent injunction, possession and to declare the sale deed executed by respondent No. l in favour of respondent No. 2 to be null and void.

(3.) AS per the averments of plaint, the plaintiff was always ready and willing to comply with the conditions of agreement dated 12. 11. 1986. . He several times made oral and written requests to the first respondent (first defendant) but the first respondent always avoided execution of contract and registration of the sale deed. The first respondent instead of executing the registration of sale deed in favour for the plaintiff, executed the same in favour of the second respondent. In the circumstances, after serving a notice, the suit has been filed.