HARJINDER SINGH Vs. RAVINDER KUMAR

JUDGEMENT

(1.) This is plaintiffs regular second appeal against the judgment and decree of the Additional District Judge whereby the appeal filed by the defendants was accepted thereby, dismissing the suit filed by the plaintiffs.

(2.) Plaintiffs filed a suit for specific performance of agreement dated 8.7.1973 pursuance to which a sum of Rs. 18,000/- was paid by the plaintiffs to defendant No. 1 as earnest money against the total price of land to the tune of Rs. 45,000/-. According to the plaintiffs, the sale deed was to be executed by defendant No. 1 in favour of the plaintiffs on or before 1.8.74. It is further the case of the plaintiffs that in pursuance to the agreement of sale, they were in possession of the land in suit till the same was attached under proceedings under Section 145 of the Code of Criminal Procedure. It has further been stated by the plaintiffs that they are ever ready and willing to perform their part of the agreement and to get the sale deed executed but defendant No. 1 has refused to execute the same. Hence, the present suit.

(3.) Defendant No. 1 admitted that he had entered into agreement to sell the suit land in favour of the plaintiffs. However, the defendant has taken the plea that the plaintiffs were not ready and willing to perform their part of the contract and they had not come with consideration on the date fixed for execution of the sale deed.