SHEETAL KUMAR Vs. DES RAJ

JUDGEMENT

(1.) Defendant is in second appeal in a suit for specific performance filed on the basis of agreement to sell dated 30.12.2004.

(2.) Vide the aforesaid agreement to sell 2 Kanals of land was agreed to be sold by the defendant to the plaintiff for a total sale consideration of Rs.4,00,000/- per acre. An amount of Rs.65,000/- was paid as earnest amount and target date for execution of sale deed was fixed as 13.02.2005.

(3.) On 13.02.2005 it was holiday, therefore, plaintiff got his presence marked in the office of Sub-Registrar, Barara on 14.02.2005 and has always remained ready and willing to perform his part of obligation. Thereafter plaintiff also issued legal notice dated 26.02.2005 to the defendant so as to provide him one opportunity to perform his part of obligation, but the defendant remained passive.