KRISHAN KUMAR VERMA Vs. NARENDER PRABHAKAR

JUDGEMENT

(1.) THIS is defendant's regular second appeal against the decree of specific performance passed in favour of the plaintiff/respondent.

(2.) THE plaintiff filed a suit for specific performance for enforcement of agreement dated 12.8.1997, vide which Sh. Kishori Lal (now deceased) predecessor-in-interest of the appellant had agreed to sell one house bearing municipal No. F/363 situated at Vaidan Street, near Halu Bazar and Old Anaj Mandi, Bhiwani. Out of the total sale consideration of Rs. 60,000/-, Rs. 40,000/- was paid as earnest money by way of cheque and the balance amount was to be paid at the time of execution of conveyance deed. The date fixed for execution was 11.2.1998. The plaintiff claimed that he was always and still willing to perform his part of contract, whereas defendant continued delaying the matter, and thereafter refused to execute the sale deed.

(3.) AFTER filing of the replication, the learned trial Court framed the following issues :-