SADHU SINGH Vs. KULDIP SHARMA

JUDGEMENT

(1.) THE unsuccessful plaintiff in two Courts is in appeal before this court to seek specific performance of the agreement to sell dated 18.6.1972.

(2.) THE plaintiff has brought the suit for specific performance of the agreement dated 18.6.1972, whereby he alleged that he has entered into an agreement of sale to purchase the house in question on sale consideration of Rs. 7,000/-, which was executed by one Prem Chand Sharma, father of defendant Nos. 1 to 9 for himself and on behalf of his brother Rattan Chand Sharma and a sum of Rs. 2,500/- was paid as earnest money. The rest of sale consideration was to be paid at the time of the registration of sale which was to be executed on or before 23.10.1976. It was alleged that since the defendants have failed to execute the sale deed inspite of the registered notices and telegrams, he sought specific performance of the agreement by filing the suit on 6.1.1979.

(3.) IT was the stand of the defendants that no such agreement dated 18.6.1972 was executed by the plaintiff in respect of sale of the house. The issues which are material for determination of the present appeal are issue Nos. 4, 5 and 6 which read as under :