TALAB MASIH Vs. RAJ KAUR

JUDGEMENT

(1.) By this application, a delay of 14 days in filing the appeal is sought to be condoned.

(2.) On the other hand, learned counsel for the respondent submits that firstly, as regards presence before the Sub Registrar, the presence of the respondent-plaintiff is shown at sr.no. 144 whereas that of the appellantdefendant is shown at sr. no. 145. Hence, he submits that if the respondentplaintiff got her presence marked between 5.30 pm to 6.30 pm, the same applies to the appellant-defendant also; secondly, as regards readiness and willingness, the respondent-plaintiff, immediately after 31.10.2011, (that being the first working day after 30.11.2011 which was the last date fixed for executing the sale deed), had issued a legal notice to the appellantdefendant on 2.11.2011 and that though the appellant-defendant filed a reply thereto, he still stated that the respondent-plaintiff was not ready and willing to execute the sale deed. However, immediately thereafter, on 23.11.2011, the civil suit was instituted, i.e. within 22 days of the date for execution of the sale deed, and as such, the readiness and willingness of the respondent plaintiff to perform her part of the contract is very obvious; and lastly, he submits that as recorded in the judgment of the learned Civil Judge, the appellant-defendant himself agreed in his cross-examination eventually, that he was ready and willing to execute his part of contract. Therefore, it is submitted that no further readiness and willingness on the part of the respondent-plaintiff needed be proved, with the admission of the appellantdefendant with regard to his eventually readiness and willingness to execute his part of contract, the other contentions made by him simply being arguments for the sake of a created defence.

(3.) Having heard learned counsel for the parties, though in the absence of any proof of availability of money shown by the respondentplaintiff, this Court would otherwise be inclined to agree with the contention of learned counsel for the appellant as regards the plaintiff not being able to show that she had the money available with her to pay the remaining consideration, but in view of the aforesaid fact, that firstly, the legal notice to the appellant-defendant was issued within 2 days after the appearance of the parties before the Sub Registrar and the suit was filed within 22 days thereafter, the readiness and willingness of the respondentplaintiff to execute her part of contract, cannot be doubted.