SHARDWANT RAI Vs. OM PARKASH

JUDGEMENT

(1.) Plaintiffs-respondents filed the suit for specific performance of agreement of sale dated 1.5.1987. According to the plaintiffs, the defendants agreed to sell the suit property at the rate of Rs.9,000/- per acre and received Rs.8,150/- as earnest money and executed the agreement of sale dated 1.5.1987. In the alternative, the plaintiffs prayed for recovery of Rs. 16,300/-.

(2.) The defendants inter alia, contended that the plaintiffs were not willing to get the sale deed executed since they have no money and they also sent a letter to the defendants on 23.6.1987 pleading their inability to get the sale deed executed on 30.6.1987, as they could not arrange the money to pay the balance sale consideration. Therefore, the plaintiffs committed a default and they are not entitled to enforce the agreement of sale and they are also not entitled for recovery of the earnest money.

(3.) On the basis of the averments, the trial Court framed appropriate issues and on a consideration of the evidence on record, found that the plaintiffs were ready and willing to perform their part of the contract and there is no default on their part and accordingly decreed the suit for specific performance. The appeal filed by the defendants was unsuccessful. Hence this second appeal by the defendants.