JAIBIR Vs. HARI CHAND

JUDGEMENT

(1.) CHALLENGED in the impugned regular second appeal is the judgment and decree dated 18.8.2011, passed by the learned Additional District Judge, Bhiwani, affirming the judgment and decree dated 16.10.2009, passed by the learned Additional Civil Judge (Senior Division), Bhiwani, vide which the suit of the plaintiff/respondent herein was decreed with costs and it was held that the plaintiff/respondent is entitled to specific performance of contract dated 1.8.2000, executed by defendant/appellant herein in favour of the plaintiff regarding the suit land. The defendant/appellant was therefore directed to get the sale deed executed within two months from the date of passing of judgment and decree, failing which the plaintiff/respondent can take the assistance of the Court to get the sale deed executed. The defendant was further restrained from alienating the suit land and also from dismantling the construction, if any raised over the suit land.

(2.) THE short facts, which are required to be noticed for the purpose of disposal of the present appeal, are that according to the plaintiff, the defendant executed an agreement of sale dated 1.8.2000 in favour of plaintiff regarding sale of 2 kanals of land, situated at Bhiwani Khera, District Bhiwani, bearing khasra No. 516 -1/2/1(2 -0). The total consideration was Rs. 1,85,000/ -, out of which Rs. 1,75,000/ - was paid as earnest money. The date of execution of sale deed was fixed for 31.7.2001, on the payment of balance consideration. However, according to the plaintiff, a few days earlier i.e. on 25.7.2001, he paid the balance sale consideration amount, regarding which receipt (Ex. P3) was executed by the defendant. Thereafter, the plaintiff requested the defendant 2/3 times in July, 2004 to get the sale deed executed. However, the sale deed was not executed. The suit was filed on 17.11.2004.

(3.) FROM the pleadings, following issues were framed: -