SOM NATH Vs. MOHD. ILLIAS

JUDGEMENT

(1.) Defendants by way of this regular second appeal have challenged the judgment and decree dated 28.4.2000, passed by the learned lower appellate Court, vide which the suit for possession by way of specific performance of agreement to sell dated 3.9.1988, was decreed.

(2.) The plaintiff filed a suit for specific performance by pleading, that defendants No. 1 and 2 for themselves and defendant No. 1 as general power of attorney of defendants No. 3 to 10, had agreed to sell the suit land for a consideration of Rs. 1,40,000/- (Rupees one lac and forty thousand only). The agreement to sell, was reduced into writing on 3.9.1988 through Gordhan Dass, petition writer, and entry in this regard was also made in the register of the deed writer. The agreement was thumb marked by the plaintiff, whereas it was signed by defendants No. 1 and 2. The sale deed was to be executed and registered upto 31.3.1989.

(3.) The case of the plaintiff further was, that a sum of Rs. 50,000/- (Rupees fifty thousand only) was agreed to be paid at the time of registration of agreement before the Sub Registrar and remaining sale consideration was to be paid at the time of registration of sale deed before the Sub Registrar.