LALIT MOHAN BHALLA Vs. PREM CHAND

JUDGEMENT

(1.) By this common judgment, I am disposing of two appeals i.e. RSA No. 1314 of 2006 and RSA No. 1315 of 2006, both titled. The aforesaid two appeals have arisen out of two suits. One suit was filed by the appellant against respondent Prem Chand whereas the other suit was filed by Prem Chand respondent against Lalit Mohan Bhalla appellant. Both the said suits were disposed of by learned Civil Judge (Senior Division), Sirsa by common judgment dated 18.12.2000 thereby dismissing suit filed by the appellant and decreeing suit filed by the respondent. The appellant preferred two first appeals against said judgment and decrees passed in two suits. Both the said first appeals have also been disposed of by learned District Judge, Sirsa by common judgment dated 12.1.2006 thereby dismissing both the appeals. Feeling aggrieved, the instant two second appeals have been preferred.

(2.) There is no dispute that respondent agreed to sell the suit house to the appellant vide agreement dated 22.5.1989 for Rs. 1,64,000/-. Appellant paid Rs. 90,000/- out of the sale price to the respondent at the time of agreement. Possession of the suit house was delivered to the appellant at the time of agreement. Respondent had taken loan from Punjab National Bank where the respondent was also employed. An amount of Rs. 70,000/- approximately was outstanding from the defendant to the bank. It was stipulated in the agreement that sale deed would be executed on 25.9.1989 and prior to it, the defendant would clear the bank loan and obtain a clearance certificate from the bank.

(3.) The case of the appellant is that he always remained ready and willing to perform his part of the contract but the defendant committed breach thereof. He did not repay the bank loan as stipulated. The appellant through telegram dated 17.9.1992 and notice dated 23.9.1992 asked respondent to execute the sale deed as per agreement but the respondent failed to do so. Accordingly, the appellant filed suit for specific performance of the agreement to sell.