BHASHA Vs. YASIN THROUGH LRS AND OTHERS

JUDGEMENT

(1.) By this judgment RSA Nos.1745 and 5436 of 2016 shall stand disposed of as both the appeals are arising out of the same suit and the learned First Appellate Court had also disposed of both the appeals by a common judgment.

(2.) In the considered opinion of this Court, the question of law which arises are as follows :-

(3.) Plaintiff filed a suit for specific performance of agreement to sell dated 15.06.2005 wherein land in question was agreed to be sold at the rate of Rs.70,000/- per acre for a total sale consideration of Rs.30,46,313/-. At the time of entering into an agreement to sell, plaintiff had paid a sum of Rs.4,00,000/- as earnest money and target date for execution and registration of sale deed was fixed as 13.12.2005. Plaintiff pleads that he went to the Office of the Sub Registrar along with balance sale consideration and expenses of the stamp duty etc. but the defendants did not come present to perform their part of the contract. Plaintiff marked his presence. He thereafter, gave notice to the defendants to come and execute the sale deed on 15.12.2005 but the defendants still did not come present even on 15.12.2005, although the plaintiff again remained present. On demand another payment of Rs.4,00,000/- was paid to Sajid on 27.12.2005. Plaintiff further pleads that another notice was given to the defendants on 31.03.2006 calling upon the defendants to come and execute the sale deed.