RAMWATI Vs. PREMNARAYAN

JUDGEMENT

(1.) This First Appeal under Section 96 of CPC has been filed against the judgment and decree dated 26.3.2002 passed by 8 th Additional District Judge, Gwalior in Civil Suit No.61-A/1995 by which a decree of specific performance of contract has been passed in favour of the respondents.

(2.) In view of the controversy involved in the present case, it is not necessary to consider the facts of the case in detail. Suffice it to say that the respondents had filed a suit for specific performance of contract pleading inter alia that the defendant/appellant had executed an agreement to sell in favour of the respondents/plaintiffs in respect of a house for a consideration amount of Rs.2,25,000/-. At the time of agreement, an amount of Rs.1,00,000/- was given by way of advance and it was decided that the sale deed would be executed after the payment of the remaining amount. The respondents/plaintiffs were ready and willing to perform their part of contract, but the appellant/defendant has failed to do so and, accordingly, the suit was filed.

(3.) From the proceedings of the Trial Court, it appears that on 19.9.1996, the following order was passed:-