JOGINDER SINGH Vs. RAM SARUP

JUDGEMENT

(1.) This is defendant's regular second appeal against the judgement and decree dated 16.5.1992, decreeing the suit of the plaintiff for possession by way of specific performance of agreement.

(2.) Plaintiff filed a suit for possession by way of specific performance of agreement dated 19.3.1989. According to plaintiff a sum of Rs. 20,000/- was paid at the time of execution of agreement and an additional amount of Rs. 20,000/- was paid on 29.5.1989. As mutually agreed the sale deed was to be executed on 14.12.1989 when the remaining amount too was to be paid to the defendant. It is the case of the plaintiff that though the plaintiff alongwith requisite money came to the office of Sub-Registrar and kept on waiting for the defendant but the defendant did not turn up and so the plaintiff got his presence marked before the Sub-Registrar by moving an application. In the plaint the plaintiff specifically made averment to the effect that he was very ready and willing to perform his part of the contract and is still ready and willing to perform his part of the contract but the defendant has become dishonest in view of the rising prices of the land. Hence this suit.

(3.) Defendant put in appearance, filed written statement and took objection in the nature of (i) that plaintiff has not complied with the mandatory provisions of Schedule 47 and 48 of the C.P.C. and (ii) that suit land is now owned by Kamaljit Singh, his son, and so the relief of the specific performance cannot be granted. Other averments made in the plaint were also denied and has further asserted that defendant remained ready and willing to perform his part of the contract till the date fixed. As a matter of fact plaintiff did not have the sufficient funds on the date fixed by the parties' for registration of the sale deed. On the pleadings of the parties the following issues were framed :