SARVJEET KAUR Vs. RANG LAL

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree of the Additional District Judge (I), Faridabad in Civil Appeal No. 70 of 1995 dated 9.12.1997.

(2.) THE plaintiff-respondent filed a suit for specific performance of an agreement to sell executed by Smt. Kishni, the first defendant and Jagdish Chand defendant No. 2, whereby they agreed to sell the suit property to the plaintiff for a sum of Rs. 1,80,281/- on 10.3.1983. A sum of Rs. 25,000/- was paid as earnest money to Kishni under the agreement. The sale deed has to be registered by 15.10.1987. According to the plaintiff he was ready and willing to perform the contract on his part and since the defendant Nos. 1 and 2 failed to execute the sale deed in terms of the agreement, they filed a suit for specific performance.

(3.) ON the basis of the pleadings, the trial Court on a proper consideration of the evidence on record dismissed the suit holding that the third defendant was a bona fide purchaser and that the plaintiff was not willing and ready to perform his part of the contract. Aggrieved by the said decree and judgment of the trial Court, the plaintiff preferred the appeal. The learned Additional District Judge on appraisal of the evidence on record, decreed the suit for specific performance. Against the said decree and judgment of the lower Appellate Court, the third defendant who is the subsequent purchaser of the suit property filed this appeal.