SABIR DASS Vs. BAGAT CHAND AND ORS.

JUDGEMENT

(1.) THIS Regular Second Appeal is directed against the judgment and decree dated 20.03.2010, passed by the learned Additional District Judge, Shimla, Camp at Rohru in Civil Appeal No. 51 -R/13 of 2005.

(2.) MATERIAL facts necessary for adjudication of this Regular Second Appeal are that the Appellant -Plaintiff (hereinafter referred to as "the Plaintiff" for convenience sake) had filed a suit for recovery of Rs.1,17,500/ -. According to the Plaintiff, the Respondent -Defendant (hereinafter referred to as "the Defendant" for convenience sake) entered into an agreement to sell the land bearing Khasra Nos. 1227, 1228 and 1229, situated in Mouja Kalgaon, Tehsil Chirgaon for a consideration of Rs.1,40,000/ -. Plaintiff paid a sum of Rs.50,000/ - as earnest money to the defendant on the day of execution of agreement inquestion. The sale deed qua Khasra No. 1227 was executed by the defendant in favour of the plaintiff on the day of execution of the agreement, i.e., 22.04.2003 and the sale deed qua remaining land was to be executed later on, on payment of remaining sale consideration. The concise case of the plaintiff is that the sale deed qua remaining two Khasra Nos. could not be executed as the defendant was not ready and willing to perform her part of the agreement to execute the sale deed in favour of the plaintiff.

(3.) THE replication was filed by the Plaintiff, wherein the averments made in the plaint have been reiterated. The learned trial Court framed the issues on 26.07.2004. The learned trial Court dismissed the suit on 30.12.2004. Plaintiff preferred an appeal before the learned District Judge, Shimla. The learned District Judge, Shimla dismissed the same on 20.03.2010.