GIRWAR SINGH Vs. JHANAK SINGH

JUDGEMENT

(1.) This First Appeal has been preferred by the defendant against the judgment and decree dated 23.12.2005 passed by the court of First AD J Vidisha in Civil Suit No.46-A/2005.

(2.) Short facts relevant for the purpose of this appeal are that the plaintiff/respondent No.1 instituted a suit for specific performance on the basis of alleged agreement of sale dated 25.6.2001 for consideration of Rs.70,000/- in respect of agricultural land in area 1.027 hectare comprised in survey No.335/2 situated in village Sanoti, Tahsil and District Vidisha According to the plaintiff, a sura of Rs.32,000/- was paid as pan of consideration and agreement of sale was reduced into writing duly executed by defendant/appellant in his favour. Sale deed was to be executed up to 25.5.2002 after receiving balance consideration. This having not been done, a suit was instituted on 28.3.2005.

(3.) Defendant/appellant on giving appearance on 26.4.2005 sought time for engaging a lawyer. Case was adjourned to 12.5.2005 for filing written statement. However, the Presiding Judge was transferred in the meantime, consequently, the court was vacant on 12.5.2005 and 25.6.2005. On 11.7.2005, the case was transferred to the court of First ADJ Vidisha. However, Presiding Judge being on leave, the case was adjourned to 14.7.2005 and thereafter to 17.8.2005.