NOOR MOHD AND OTHERS Vs. ASHA SHARMA

JUDGEMENT

(1.) Defendants-Appellants are in the regular second appeal against the concurrent findings of fact arrived at by both the courts below, while decreeing the suit for possession by way of specific performance of the agreement to sell with respect to land measuring 13 acres of land.

(2.) In the considered opinion of this court, following substantial questions of law arise in the present case:-

(3.) The plaintiff filed a suit as noticed above, claiming specific performance of agreement to sell dated 28.12.2000 in her favour for 13 acres of land on a total sale consideration of Rs.6,90,625/-. She claimed that Rs.4,00,000/- was paid as earnest money and the sale-deed was to be executed and registered on 15.3.2001. She further claimed that before the target date for execution and registration of sale-deed, she served a notice on the defendants-appellants and thereafter remained present through her husband in the office of Sub Registrar on the target date for execution and registration of sale deed. It is pleaded that the plaintiff remained always ready and willing to perform her part of the contract.