RANBIR Vs. SUBHASH

JUDGEMENT

(1.) This is defendant's second appeal challenging the judgment and decrees of the Courts below whereby suit of the plaintiff- respondent for possession by way of specific performance of the contract dated 30.7.2004, has been decreed.

(2.) As per the facts as alleged in the plaint, the appellant executed an agreement to sell dated 30.7.2004 regarding the suit land for a consideration of Rs. 1,00,000.00 in the presence of witnesses and received the entire sale consideration from the plaintiff-respondent and also delivered possession to him. As per the averments, it was agreed that the plaintiff-respondent shall have the right to get the sale deed executed and registered in his favour in respect of the suit land at any time on any day, as per his convenience. The plaintiff-respondent got served a legal notice dated 25.2.2007 upon the appellant requiring him to execute the sale deed in his favour in compliance of the agreement within 30 days from the receipt of the notice. In reply to the aforesaid notice, the appellant denied the execution of the sale deed and also refused to execute the sale deed. It was further averred that the plaintiff was and is ready and willing to RSA No.1969 of 2010 (O&M) 2 perform his part of the contract but the defendant-appellant had failed to perform his part of the contract in this regard. The appellant wanted to dispossess the plaintiff-respondent from the suit land and also to alienate the same to a person other than him. Hence, the present suit was filed.

(3.) Upon service, the defendant-appellant filed a written statement raising various preliminary objections. On merits, it was pleaded that the appellant never executed any alleged agreement dated 30.7.2004 in favour of the plaintiff-respondent for selling his land. Agreement, if any, in possession of the plaintiff-respondent was false and based on misrepresentation and the plaintiff-respondent had no right to get the sale deed executed in his favour. Prayer for dismissal of the suit was made.