CHAMPA AND OTHERS Vs. ROOP CHAND

JUDGEMENT

(1.) Present regular second appeal, filed by the defendants, against concurrent findings of facts having been recorded by the Courts below in suit for specific performance of the agreement of sale dated 27.6.2005, which was decreed by the Court of first instance and first appeal having been dismissed by the first Appellate Court.

(2.) For the sake of convenience, parties are being referred to as per their status before the Court of first instance.

(3.) Relevant facts of the case that plaintiff had filed suit for specific performance of agreement of sale dated 27.6.2005 in respect of suit of land for a total sum of Rs. 81,37,500/-, out of which Rs. 11,00,000/- has been paid as earnest month. The target date for execution of the sale deed was fixed to be 28.9.2006. Another agreement was also executed regarding payment of full sale consideration and receipt Rs. 70,37,500/- was executed in favour of the plaintiff. Defendants got deposited a sum of Rs. 70,37,500/- in their bank account on 28.9.2006. Plaintiff has always been ready and willing to perform his part of agreement but defendant never came forward despite requests and as such necessity of the suit.