RANDHIR SHARMA Vs. UMA DEVI

JUDGEMENT

(1.) The appellant was plaintiff and has come in appeal against the judgment, decree dated 12.9.1994 passed by learned Additional District Judge, Solan, Camp at Nalagarh in Civil Appeal No. 7-NL/13 of 1994/1993 affirming the judgment, decree dated 30.9.1993 passed by learned Sub Judge 1st Class, Nalagarh in Civil Suit No. 50/1 of 1989.

(2.) The appellant had filed suit for specific performance of the contract on the basis of agreement dated 14.5.1985 whereby Rameshwar Dass predecessor-in-interest of the respondents had agreed to sell to appellant a plot comprised in Khata Khatauni No. 27/27 Khasra No. 56/32/2, measuring 2 bighas mauza Jangi, Pargana Dharampur, Tehsil Nalagarh, District Solan, H.P. as per tatima for a consideration of Rs. 48,000/-. It is the case of the appellant that an amount of Rs. 5,000/- was paid to deceased Rameshwar Dass on 14.5.1985 at the time of agreement, thereafter Rs. 15,000/- were paid on 14.11.1985, Rs. 8,000/- on 3.12.1985 and Rs. 10,000/- on 3.4.1986. In all, according to appellant, an amount of Rs. 38,000/- were paid to Rameshwar Dass and Rs. 10,000/- were left to be paid.

(3.) The appellant remained ready and willing to perform his part of the contract but unfortunately Rameshwar Dass died on 18.6.1986 leaving behind the respondents, who succeeded to the estate of late Rameshwar Dass including the suit property. The appellant had been requesting Rameshwar Dass to execute and register the sale deed but he put off the execution and registration of the sale deed on one pretext or the other. The appellant had also requested the respondents to execute and register the sale deed but they also did not execute and register the sale deed. The appellant had served a notice dated 5.11.1989 on the respondents, they refused to perform their part of the agreement vide reply dated 4.2.1989. In these circumstances, the suit was filed for specific performance of the contract.