KANTA Vs. GAJANAND

JUDGEMENT

(1.) Present Regular Second Appeal by the defendant is directed against the judgment and decree dated 27.09.2013 whereby Additional District Judge, Bhiwani accepted the appeal and set -aside judgment and decree dated 5.10.2011 passed by Civil Judge [Junior Division], Charkhi Dadri whereby civil suit titled - Gajanand Vs. Shyamlal was dismissed.

(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 for the purpose of decision of this appeal; that the plaintiff filed a suit for possession by way of specific performance of agreement of sale dated 16.11.2006 [Ex. P1] executed by the defendant in favour of the plaintiff in respect of the suit land as per jamabandi for the year 1999 -2000. As per the plaintiff, the defendant is owner in possession of the suit land and agreed to sell suit land to the plaintiff for a sum of Rs. 2,20,000/ - vide agreement, Ex. P1. The same was signed by the parties in the presence of the witnesses and earnest money of Rs. 50,000/ - was paid. The target date for execution of the sale deed was fixed as 30.11.2007. The plaintiff was willing and ready to perform his part of agreement, but the defendant failed to do so despite notice and as such, necessity of the suit.