BAIKUNTH LAL Vs. DITA RAM

JUDGEMENT

(1.) THE present suit has been filed for specific performance of agreement to sell, dated 24.6.2003 Ex. P -3 allegedly executed by defendant Dita Ram (since dead) in favour of the plaintiff.

(2.) THE subject matter of dispute in the present lis is the land comprised in Khata Khatauni No. 45/42, Khasra No. 231/166, measuring 3 -15 Bighas, Khasra No. 71, measuring 3 -11 Bighas and Khasra No. 233/74, measuring 3 -4 Bighas, Kite 3, total measuring 11 Bighas, situate in Village Johoron, Pargana Khol, Tehsil Nahan, District Sirmaur, H.P., hereinafter to referred to as 'the suit land'. Entries in the Jamabandis Ex. PA and PB show said Dita Ram to be owner -in -possession of the suit land. Plaintiff Baikunth Lal, claims that said Dita Ram entered into an agreement to sell the suit land to him on 24.6.2003 in a sum of Rs. 49,62,000/ -. Deceased Vendor received a sum of Rs. 10,00,000/ - towards part payment of the sale consideration on the day of execution of the agreement itself. The balance sale consideration was agreed to be paid on the date of execution of the sale deed i.e. 31.12.2003. The plaintiff approached Shri Dita Ram aforesaid on 24.12.2003 and requested him to get the sale deed executed in his favour and also to receive the balance sale consideration. He, however, expressed his inability to execute the sale deed on or before 31.12.2003 and to the contrary extended time for execution thereof upto 20.1.2004 vide supplementary agreement Ex. P -4. The time for execution of the sale deed was extended thereafter also i.e. upto 31.3.2004 vide supplementary agreement Ex. P -5. The plaintiff allegedly remained present in the office of Sub -Registrar, Nahan on 31.3.2004 with balance sale consideration; however, Dita Ram did not turn up. The plaintiff in order to mark his presence on that day in the office of Sub -Registrar had moved the application Ex. P -1 on 31.3.2004. He even served said Shri Dita Ram with legal notice dated 17.3.2004 Ex. P -6, which was sent through registered post. The postal receipt Ex. P -7 is also pressed into service in this regard. Dita Ram, however, did not execute the sale deed. Ultimately vide supplementary agreement Ex. P -8, he agreed to extend the time for execution of the sale deed upto 15.5.2004. On 15.5.2004, also the plaintiff remained present throughout the day in the office of Sub -Registrar, Nahan, however, Dita Ram, did not turn up on that day also and the plaintiff in order to mark his presence in the office of Sub -Registrar had moved application Ex. P -2.

(3.) PRECISELY the case of the plaintiff is that the defendant Dita Ram (since dead) though agreed to sell the suit land to him, however, despite receipt of Rs. 10,00,000/ - in advance, failed to perform his part of the agreement. On the other hand, he remained present in the office of Sub -Registrar on 31.3.2004 and 15.5.2004 with balance sale consideration as well as ready and willing to perform his part of the agreement, said Dita Ram did not turn up and it is for this reason the sale deed could not be executed, hence the suit for specific performance of the agreement to sell Ex. P -4.