KEHAR SINGH Vs. PREM SHARMA

JUDGEMENT

(1.) The defendant-appellant has directed the present appeal, having been felt aggrieved and dissatisfied by the judgment and decree passed by the learned District Judge in Civil Suit No.1 of 2010 decided on 15.6.2011 whereby the suit filed by the plaintiff for specific performance was decreed. Admitted Facts:

(2.) It is admitted by the parties that an agreement to sell Ext.PW1/A was executed by them on 30.7.2009 with respect to the suit land comprised of Khasra No.1542/639 to the extent of 0.5 Biswas qua the entire share of defendant for a total consideration of Rs. .13 lacs and an amount of Rs. . 7 lac was received by the defendant on the same day as an earnest money. The balance amount of Rs. . 6 lac was required to be paid to the defendant on the date of execution and registration of the sale deed on or before 5.10.2009.

(3.) According to the plaintiff, after the execution of the agreement to sell, he had approached the defendant many times for executing the sale deed, but he started dilly-dallying. Finally, on 4.10.2009, he again contacted the defendant and requested him to receive the balance amount and execute the sale deed. The defendant assured him to be present on the next day i.e. on 5.10.2009 in Tehsil Office, Kullu, for the said purpose. Though, the plaintiff remained present there till 4.30 p.m. and was ready with the balance amount to perform his part of the contract, but the defendant failed to turn up. To prove his bonafide, he had sworn an affidavit Ext. PW4/A, before the Executive Magistrate. Further it is the case of the plaintiff that even thereafter he had approached the defendant in the month of December, 2009 and January, 2010, but the defendant did not give any positive response, as such, he served a notice upon him and in reply the defendant took up the false stands, thus filed the suit.