RAM LAL Vs. SUNIL KUMAR

JUDGEMENT

(1.) The defendant is in second appeal against the judgment and decree of both the Courts below whereby suit of the plaintiff for specific performance has been decreed.

(2.) Plaintiff's case is that defendant entered into an agreement to sell dated 28.5.1993 for sale of a residential House No. 70/4, Krishna Colony, Bhiwani for a consideration of Rs. 60,000/- and received an amount of Rs. 25,000/- as earnest money. The date for execution of sale deed was settled as 30.4.1994 but on that day the office of sub Registrar was closed due to Saturday so the plaintiff waited for the defendant in front of the office of Sub-Registrar along with remaining sale consideration but defendant did not turn up. The plaintiff got his presence marked on an affidavit from Executive Magistrate, Bhiwani. On next working day i.e. 2.5.1994, plaintiff again went to the office of Sub Registrar but the defendant did not turn up. He again got his presence marked on an affidavit from the office of Sub Registrar. He thereafter, requested the defendant to accept the balance sale consideration and get the sale deed executed but on his refusal, the suit was filed. The defendant in the written statement totally denied the agreement. It was alleged that the disputed property was worth Rs. 3 lacs or so, therefore, there was no occasion for him to enter into agreement for a mere sum of Rs. 60,000/-. After filing of the replication, following issues were framed on 19.11.1996:

(3.) After appreciation of the evidence available on record, both the Courts have concurrently upheld the execution of the agreement between the parties and the readiness and willingness on the part of the plaintiff to perform his part of the contract.