SHYAM LAL Vs. GOPAL CHAND

JUDGEMENT

(1.) The plaintiff has filed this suit for specific performance of agreement to sell. It is averred in the plaint that the plaintiff is an agriculturist of Himachal Pradesh and vide agreement to sell dated 10.01.2011, the plaintiff had entered into an agreement with the defendant whereby the plaintiff had agreed to purchase and defendant had agreed to sell the land to the extent of th share measuring 11 biswas and 5 biswansis, out of total land measuring 0-15 biswas, comprised in Khewat No.537 min, Khatauni No. 868 min, Khasra No. 6613 situate at mauja Kotkandi, Pargana Rupi, Tehsil and District Kullu, as per jambandi for the year 2003-2004 (hereinafter referred to as the 'suit land').

(2.) The defendant being the owner of the suit land had agreed to sell the suit land vide agreement to sell for a total consideration of Rs. 25,50,000/- and out of this consideration amount a sum of Rs. 25,00,000/- has already been paid as detailed out in the agreement itself and the same had also been acknowledged by the defendant in the agreement itself. It is averred that Rs. 25,00,000/- has been paid to the defendant by the plaintiff till the execution of the agreement to sell dated 10.01.2011 and as per the terms of the agreement the sale deed was to be executed on or before 16th May, 2011 and the balance consideration amount was to be paid to the defendant at the time of execution of the sale deed in favour of the plaintiff by providing all necessary documents required for the purpose of the sale deed. As per the agreement to sell dated 10.01.2011, the plaintiff was and is still ready and willing to perform his part and requested the defendant to execute the sale deed even prior to the final date i.e. 16.05.2011, but the defendant avoided to do so and has stopped attending his mobile phones. On this, the plaintiff was constrained to issue a registered/AD legal notice dated 09.05.2011 calling upon the defendant to execute the sale deed on 16th May, 2011 and informed the defendant that he will remain present in the Office of Sub Registrar, Kullu, along with all documents required for the purpose of purchase of the suit land along with balance consideration amount of Rs. 50,000/-.

(3.) It is further pleaded that the plaintiff remained present in the Court compound/Sub Registrar Office, Kullu, along with requisite documents, balance consideration amount to execute and register the sale deed for which the plaintiff had already intimated the defendant on mobile phones and even vide legal notice dated 09.05.2011. The plaintiff though remained present in the office of Sub Registrar, Kullu and in compound of the office in order to execute the sale deed as per agreement to sell dated 10.01.2011 till 4.30 p.m. but the defendant did not appear and even no message was delivered to the plaintiff.