DALIP SINGH Vs. KEWAL SINGH

JUDGEMENT

(1.) The defendant is in second appeal against the judgment and decree of the Courts below by which suit filed by the plaintiff for specific performance of the agreement to sell, has been decreed.

(2.) The case of the plaintiff is that the defendant had agreed to sell 24 Kanals of agricultural land falling in Khasra Nos. 881 and 882, situated in village Surghuri, Tehsil and District Faridkot for a consideration of Rs. 36,000/- on 10.06.1978/10.07.1978. Out of the total sale price, defendant had received a sum of Rs. 9,000/- at the time of execution of agreement, Rs. 26,000/- of old mortgage amount of Mehnga Singh S/o Kesar Singh of village Surghuri was to be retained by the plaintiff for payment to Mehnga Singh and balance sale consideration of Rs. 1,000/- was agreed to be paid by the plaintiff to the defendant on 15.06.1979 at the time of execution of the 'sale deed. The expenses of the stamp duty and registration of the sale deed were to be borne by the plaintiff. The plaintiff had averred that he has always been ready and willing to perform his part of the contract and to pay the balance sale consideration of Rs. 1,000/- to the defendant, but the defendant had been avoiding execution of the sale deed despite a notice having been served upon him through Shri Inder Pal, Advocate. Thus, he prayed for a decree of specific performance on the payment of balance sale consideration and in the alternative for refund of Rs. 9,000/- paid as advance and Rs. 4,000/- as damages. In reply, both the execution of the agreement to sell as well as the receipt of consideration were denied by the defendant. It was alleged that the suit is bad being vague as the plaintiff had not given area of each of the Khasra number specifically. On the pleadings of the parties, following issues were struck by the learned Trial Court :-

(3.) Whether the plaintiff has been ready and willing to perform his part of the contract ? OPP.