RAI SINGH Vs. MOHINDER SINGH

JUDGEMENT

(1.) This is defendant's regular second appeal.

(2.) The defendant in his written statement urged that, in fact, the plaintiff did not came present on the date fixed whereas the defendant remained present in the office of Sub Registrar, Samana, for execution of the sale deed. To prove his presence before the Sub Registrar, the defendant filed an application so that his presence be recorded. Payment of Rs. 15,000/ - made to him on the basis of agreement was accepted. However, it was stated that the same stands forfeited as the defendant was ready and willing to perform his part of the contract but the plaintiff did not turn up on She date fixed. According to the defendant, time was the essence of the contract and this way the plaintiff committed breach of contract. Since the plaintiff was not ready with the money on 18.6.1982, the agreement no more subsists .

(3.) On the pleadings of the parties, following issues were framed: -