RAJ PAL SINGH Vs. BALDEV SINGH

JUDGEMENT

(1.) The appellant filed a suit for specific performance of agreement to sell dated 14/9/1978, Ex. P-1, whereby the defendants agreed to sell the suit land to the plaintiff-appellant for Rs. 15,000. Sale deed was to be executed by 30.11.1978.

(2.) Case of the plaintiff is that he went with the money on 30.11.1978 but the defendants did not turn up. On 1.12.1978, the plaintiff gave a telegram to the defendants mentioning that though they failed to appear before the Sub-Registrar on 30.11.1978, they should now appear before the Sub-Registrar on 5.12.1978.

(3.) The Trial Court decreed the suit on 13/11/1979. It was held that agreement to sell was duly proved and readiness and willingness to perform his part of the contract was also duly proved from his evidence as PW-6 which was corroborated by the evidence as PW-2 Jain Singh who had accompanied the plaintiff to the office of Sub-Registrar on 30.11.1978. Telegram Ex. PW-6/1 was also duly proved apart from application Ex. PW-5/4 moved before the Sub-Registrar and affidavit Ex.PW-3/2. Clerk of the Bank PW-4 Sukhman Singh proved that money was deposited by the plaintiff in the Bank on 8.12.1978.