KEDAR NATH DHINGRA Vs. KANWAL BHATIA

JUDGEMENT

(1.) DEFENDANTS -appellants have filed this second appeal against lower appellate Court's judgment and decree dated January, 16, 1997, whereby time for payment of balance amount of sale consideration was extended from September 10, 1996 to January 31, 1997.

(2.) ADUMBRATED facts of the case are that the plaintiff-respondent filed suit for specific performance of contract in the Court of Additional Civil Judge (Sr. Division), Faridabad, averring that the parties had entered into an agreement to sell a residential plot. This agreement was entered into between the parties on April 8, 1995. At the time of the agreement, Rs. 10,000/were paid by the plaintiff to the defendants. He also paid Rs. 30,000.00 to the defendants on April 11, 1995. The balance amount of sale consideration of Rs. 5,33,750.00 was to be paid on or before June 16, 1995, the date fixed for execution and registration of the sale deed in favour of the plaintiff. Plaintiff averred in the plaint that he was pursuing the defendants to execute the sale deed to transfer the suit plot in his name and to accept the balance sale consideration, but the defendants did not pay any heed. On June 16, 1995, plaintiff went to the Sub-Registrar's office for the due performance of the contract, but the defendants did not turn up. Hence, the suit.

(3.) AS no written statement was filed, no issue was framed and the plaintiff's suit was decreed and it was ordered by the trial Court that the plaintiff shall pay the balance sale consideration on or before September 10, 1996, and then the defendants shall execute the sale deed in plaintiff's favour, after getting the necessary permission from the Haryana Urban Development Authority, Faridabad, if at all it is required. All the terms and conditions of the agreement to sell dated April 18, 1995, shall be binding on the parties. The lower Court also observed that in case the plaintiff fails to pay/deposit the balance sale consideration on or before the extended date, the plaintiffs suit shall stand dismissed and in case, even after depositing the balance sale consideration, 'the defendants fail to get the sale deed in respect of the plot in question executed in plaintiff s favour, then the plaintiff shall get the same executed and registered through the Court. Parties were left to bear their own costs. The lower Court delivered this judgment on August 8, 1996.