SMT. SARITA DEVI JAIN Vs. RAM MEHAR

JUDGEMENT

(1.) THIS is plaintiffs second appeal challenging the judgment arid decree of the Lower Appellate Court whereby her suit for specific performance of the agreement to sell dated 19.6.1992 has been decreed against the respondent to the extent of 1/3rd share only of respondent in the suit property.

(2.) BRIEFLY stated, the case of the plaintiff -appellant is that Chandgi Ram, father of the respondent, was a big land owner with Shamlat rights in Thok Jatan of Rohtak. He died intestate leaving behind the respondent as his sole legal heir. The respondent executed an agreement to sell dated 19.6.1992 in favour of the appellant qua the suit land. The respondent had undertaken to get the requisite mutation qua the suit land sanctioned in his favour and to execute the requisite sale deed in favour of the appellant as per the agreement dated 19.6.1992. However, the respondent failed to execute the requisite sale deed in favour of the appellant despite repeated requests and a legal notice by the appellant. Through the suit, the appellant sought a decree for possession of suit land by way of specific performance of contract of sale dated 19.6.1992 in his favour.

(3.) THE trial Court vide its judgment and decree dated 29.5.2002 dismissed the suit of the appellant.