DARSHAN SINGH Vs. MAYA RAM

JUDGEMENT

(1.) This Regular Second Appeal is directed against the judgment and decree, dated 27.05.2002, passed by the learned Additional District Judge, Sirmaur District at Nahan, H.P. in Civil Appeal No. 2-N/13 of 2002.

(2.) Material facts necessary for adjudication of this appeal are that the appellant-plaintiff (hereinafter referred to as the plaintiff for the sake of convenience) has filed a suit for specific performance and injunction against the respondent defendant (hereinafter referred to as "the defendant" for the sake of convenience). According to the plaint, the defendant owned land comprised in Khasra No. 743/2/134, measuring 4 biswas, situated in Mauza Devi Nagar, Tehsil Paonta Sahib, District Sirmaur, H.P. alongwith an old dilapidated house. On 15.10.1999, the defendant executed an agreement for sale of the land alongwith the house for a consideration of Rs. 1,65,000.00. The document was executed in the presence of witnesses. The defendant received a sum of Rs. 25,000.00 as earnest money. The sale deed was agreed to be executed on 15.12.1999 on receipt of balance amount of Rs. 1,40,000.00. The plaintiff requested the defendant to get the sale deed registered on receipt of balance consideration, but the defendant delayed the matter. The plaintiff was ready and willing to perform his part of the agreement. Plaintiff remained present in the office of Sub-Registrar on 15.12.1999, but the defendant did not turn up. A legal notice was issued to the defendant on 16.12.1999 requiring him to execute the sale deed and to receive the remaining amount. However, the defendant did not execute any sale deed. The cause of action accrued to the plaintiff on 15.10.1999 and 15.12.1999.

(3.) The suit was contested by the defendant. According to the defendant, the plaintiff alongwith other members started destroying the crops raised by the defendant. According to the defendant, the suit land adjoins the Gurudwara Kirpalshila, Paonta Sahib and plaintiff was also the member of the Gurdudwara Management Committee alongwith Baldev Singh and Harbhajan Singh. The matter was reported to the police, but the police did not take any action. His signatures were procured and he was not in sound disposing mind.