KRISHAN DASS Vs. SHRI RAM NATH

JUDGEMENT

(1.) The plaintiff is in appeal against the judgment and decree of the learned trial Court dismissing his suit praying for decree for specific performance of contract Ex.PW-1/B executed between the parties with respect to 2-5 bighas of land comprised in Khasra No.304/250, Khewat Khatauni No.27/28 and Khasra No.303/250, Khewat Khatauni No.27/29, situated in village Gurumajra, Pargana Dharampur, Tehsil Nalagarh, District Solan.

(2.) The pleadings of the plaintiff are that defendant Mehar Chand was a co-owner in possession of the suit land and by an agreement dated 11.9.2003, Ex.PW-1/B he had agreed to sell his share of land measuring 2 bighas 5 biswas to the plaintiff for a consideration of Rs.5,75,000/-. The defendant had received a sum of Rs.75,000/- from the plaintiff as advance and an amount of Rs.1,00,000/- was agreed to be paid by the plaintiff to the defendant on 10.10.2003 and the balance amount at the time of execution and registration of the sale deed which date was fixed for 31.3.2004. The plaintiff further pleads that on 10.10.2003 he went to the residence of the defendant with one lac rupees, but the defendant did not accept that amount and accordingly cheque No.477033 for this amount was dispatched to the defendant. The defendant had started threatening that he would transfer the suit land to some other person and in these consequences the civil suit was filed.

(3.) On 31.3.2004, which according to the agreement was the date fixed for execution of the sale deed, the plaintiff went to the office of the Sub Registrar with the balance amount in the shape of a bank draft. He waited there till 4.30 P.M., but the defendant did not turn up to perform his part of the contract. The plaintiff was ready and is still ready and willing to perform his part of the contract and in these circumstances, he prayed for a decree of specific performance or in the alternaive Rs.six lacs on account of loss suffered by him.