ARJUN KHAN Vs. JAIPAL SINGH

JUDGEMENT

(1.) THIS is plaintiff's second appeal challenging the judgment and decree of the lower Appellate Court dated 30.3.2013 whereby while accepting the appeal of the defendant -respondents against the judgment and decree of the trial Court dated 4.8.2011, the suit of the appellant for specific performance of the agreement in question has been dismissed.

(2.) AS per the averments made in the plaint, the defendant - respondents were the owners in possession of the land in dispute by virtue of sale deeds dated 24.6.1997 and 27.6.1997. Vide agreement to sell dated 28.11.2005, the defendant -respondents agreed to sell the suit land for a total sale consideration of Rs.6 lacs in favour of the appellant and received an amount of Rs.50,000/ - as earnest money at the time of execution of the agreement dated 28.11.2005. The remaining sale consideration was to be paid at the time of execution and registration of the sale deed by the plaintiff. The last date of execution and registration of the sale deed was fixed as 15.2.2006.

(3.) AFTER hearing learned counsel for the parties, the trial Court under issue no.1 held that execution of the agreement in question is not in dispute. Under issues no.2 and 3, it was held that the plaintiff was ready and willing to perform his part of contract and therefore, he was entitled to the relief of specific performance of contract and further entitled to the relief of injunction against the respondents for not alienating the suit property to anyone except the plaintiff. Under issues no.4 to 8, it was held that the plaintiff had every cause of action and locus standi to file the present suit and the same is not liable to be dismissed under Order 7 Rule 11 CPC. The plaint has been properly valued for the purposes of Court fee and jurisdiction and the plaintiff cannot be estopped from filing the suit by his own act and conduct. Finally, a decree for possession by way of specific performance was passed in favour of the plaintiff.