HIDAYATULLA Vs. LIYAKAT NANHE

JUDGEMENT

(1.) THIS appeal has been filed by the plaintiff against the judgment and decree dated 14. 10. 1999 passed by District Judge, Bhopal in Civil Suit No. 22-A/99 whereby suit of the plaintiff for specific performance of contract was dismissed.

(2.) THE appellant entered into an agreement with the respondents/defendants on 17. 12. 1985 for purchase of house which consists of three rooms and veranda situated at Jehangirabad, Bhopal for a consideration of Rs. 40,000/ -. Rs. 10,000/- was paid on 17. 12. 1985 i. e. at the time of execution of the agreement and Rs. 4,000/- was paid on 1. 6. 1986. The respondents despite the agreement did not execute the sale deed and, therefore, the suit was filed on 13. 10. 1988.

(3.) THE respondents filed their written statement and denied the claim of the appellant on the ground that as per agreement dated 17. 12. 1985, the appellant was to pay Rs. 40,000/- but he had paid Rs. 14,000/- only and in spite of notice (Ex P/4) dated 21. 9. 1987 did not execute the sale deed nor he completed all the formalities as per terms and conditions of the agreement. It has been further contended that as per the terms and conditions of the agreement, he has to vacate one room and hand over the vacant possession to the respondents. He will also construct a wall and independent way for his use as per clause (1) of the agreement. As per clause (2) he has to pay a sum of Rs. 5000/- within a period of two months from the date of agreement but he failed to pay the said amount. As per clause (3) he had to execute the sale deed within a period of one year i. e. on or before 16. 12. 1986 and after expiry of same, the amount of earnest money will be forfeited and the agreement dated 17. 12. 1985 shall come to an end.