SHEO CHAND Vs. RAM NATH

JUDGEMENT

(1.) FROM the record, I find that there is a delay of two days in filing this appeal as well as delay of 70 days in re-filing this appeal. Though the aforesaid applications have been filed by the appellant to condone the aforesaid delay but no notice was given to the respondent on the aforesaid applications. Mr.J.P.Sharma, Advocate who is present in court on behalf of the respondents accepts notice in the aforesaid applications.

(2.) AFTER hearing learned counsel for the parties, two days' delay in filing this appeal and 70 days' in re-filing this appeal is condoned. CMs disposed of.

(3.) PLAINTIFF-respondent filed the suit for specific performance on the ground that appellant executed agreement to sell the suit land on 14.09.2001 and it was agreed that the appellant shall receive an amount of Rs.20,000/-after executing the sale deed in favour of the plaintiff- respondent on 30.04.2002 and in case of failure on his part he will return back Rs.1,30,000/-. PLAINTIFF-respondent sent a notice through his counsel asking the appellant to reach the office of Registrar on 30.04.2002 for executing the sale deed as per agreement dated 14.09.2001. However, appellant did not appear in the said office. Hence this suit.