MANGILAL S/O. DHULJI. Vs. SHIVNARAYAN

JUDGEMENT

(1.) This is an appeal filed by defendant No.1-A against the judgment and decree dated 17.5.2014 passed by Civil Judge, Class-I, Nagda, District Ujjain in Civil Suit No.6A/2009 whereby suit for specific performance of contract by respondent No.1/plaintiff has been decreed and affirmed by Additional District Judge, Khachrod, District Ujjain vide judgment and decree dated 13.11.2018 passed in Civil Appeal No.35A/2014.

(2.) Facts of the case, in brief, are as under :

(3.) Shri R.R. Trivedi, learned counsel for the appellant/defendant No.1-A, submitted that the learned trial court has erred in not framing the issue in respect of readiness and willingness which is a mandatory requirement to get a decree of specific performance of contract. Once the entire saleconsideration said to have been paid at the time of execution of agreement to sale, there was no reason for not executing the saledeed, therefore, it is clearly established that the agreement to sale was executed for the purposes of security as defendant No.1 took a loan of Rs.12,000/- from the plaintiff. Even if defendant No.1 did not enter into the witness box, but the plaintiff is required to prove his case. He has proposed following substantial questions of law :