TEK RAM Vs. TOT RAM

JUDGEMENT

(1.) This petition is directed against the order dated 12.12.2003, passed by learned District Judge, Kullu, in Civil Appeal No. 38 of 2003, titled as Tot Ram v. Tek Ram. For ready reference this order is extracted hereinbelow:

(2.) Brief facts giving rise to the filing of the appeal wherein the impugned order has been passed are, that a suit for specific performance of contract dated 2.9.1988 was filed by the Respondent (hereinafter referred to as "the Plaintiff"), against the Petitioner (hereinafter referred to as "the Defendant"). As per the averments made in the plaint, suit land was agreed to be sold for Rs. 60,000/- and out of this a sum of Rs. 37,500/- was received as earnest money and the balance of the sale consideration of Rs. 22,500 was payable by the Plaintiff to the Defendant at the time of registration of the sale deed. This sale transaction was to be completed by or before 31.12.1998. Since Defendant failed to do the needful, therefore, decree for specific performance of the agreement to sell and get the sale deed registered through Court of law or for payment of Rs. 75,000/- being the double of the amount of the earnest money was prayed for. Plaintiff claimed to be ready and willing to perform his part of the agreement and with a view to get the needful done he remained present in the office of Sub Registrar, Kullu, along with money. Hence on the failure of the Defendant, the suit.

(3.) Defendant denied having entered into agreement dated 2.9.1998, as well as having agreed to sell the land as alleged. He also denied the claim of the Plaintiff.