LAWS(P&H)-2010-5-22

DESH RAJ Vs. SH BHAGWAT DAYAL

Decided On May 14, 2010
DESH RAJ Appellant
V/S
SH.BHAGWAT DAYAL Respondents

JUDGEMENT

(1.) No one is present on behalf of the respondents despite service.

(2.) Challenge is to the order dated 08.01.2010 passed by Additional Civil Judge(Senior Division), Gurgaon, whereby after framing issues, the trial Court directed the petitioner-plaintiff to deposit the balance sale consideration in fix deposit(F.D.R) in a suit for specific performance of contract of sale. While passing the impugned order, it is observed that since the petitioner-plaintiff was ready and showing willingness to perform his part of the contract, so, he must deposit the balance sale consideration.

(3.) In a suit for possession by specific performance of sale of immovable property, it is duty case by the statute on the plaintiff to plead and prove that he/she was always ready and willing to perform his/her part of the contract and is still ready and willing to pay the balance amount.