USHA RANI Vs. BIRBAL

JUDGEMENT

(1.) THIS regular second appeal is directed against the judgment and decree of the learned District Judge, Una, H.P. dated 13.9.2002, passed in Civil Appeal No. 14 of 2001.

(2.) KEY facts, necessary for the adjudication of this regular second appeal are that the appellant -plaintiff (hereinafter referred to as the plaintiff) has instituted suit for specific performance of contract by way of execution of sale agreement dated 13.11.1984 Ext. PW -3/A. According to the plaintiff, the respondent -defendant (hereinafter referred to as the defendant) agreed to sell the suit land, as per the details given in the plaint, to the plaintiff for a consideration of Rs. 8867/ - and executed an agreement of sale to this effect on 13.11.1984. He received an amount of Rs. 4467/ - at the time of execution of the agreement of sale as earnest money and further agreed to execute the sale deed in favour of the plaintiff on removal of the legal flaw in his title. He came to know in the month of April, 1992 that the legal flaw in the title of the defendant had been removed by the enactment of the law and thereafter he requested the defendant several times to perform his part of the contract by executing the sale deed of the suit land in favour of the plaintiff, after receiving the balance sale consideration of Rs. 4400/ -. However, the defendant was reluctant to perform his part of the contract. A notice was sent to him through counsel on 4.5.1992 requesting him to execute the sale deed by accepted balance sale consideration of Rs. 4400/ - before 4.6.1992. The plaintiff was always ready and willing to perform his part of the contract.

(3.) THE replication was filed by the plaintiff. The learned Sub Judge, Una, framed the issues on 20.9.1993. The learned Sub Judge, Una, decreed the suit on 30.1.2001. The defendant, feeling aggrieved by the judgment and decree dated 30.1.2001, filed an appeal before the learned District Judge, Una. The learned District Judge, Una, allowed the same on 13.9.2002. Hence, this regular second appeal.