TOSHAN SAH Vs. JIWACHH SAH

JUDGEMENT

(1.) This second appeal has been preferred against the judgment of the first appeal No. 24/2 of 1985/86 passed by Sri Jagmohan Bir. The defendant of the title Suit No. 54/83 had preferred the first appeal. The appeal was allowed and, therefore, second appeal has been filed by the plaintiff of the suit. It was decreed in his favour by the trial Court.

(2.) The suit was filed for seeking specific purpose of contract. The facts giving rise to the suit in a narrow compass were that on 2 -3 -1983 there was an agreement between the parties that the suit land would be sold to the plaintiff for Rs. 3000/ -. On 4 -3 -1983 a sale -deed was scribed, presented before the Registrar and registered. It was agreed that the plaintiff shall give Rs. 3000/ - to the defendant on 5 -3 -1983 and then latter shall hand over the registration receipt (equivalent) to the plaintiff, so that he may take out the sale -deed from the registration office, The plaintiff went to tender this amount to the defendant, but he failed to accept the same and handover the registration receipt. The plaintiff, thereafter, again approached the defendant with tender of the money, but the defendant instead of accepting the consideration money served the lawyer's notice on the plaintiff alleging many things including the non -tender of the consideration amount causing loss to the defendant. This notice was replied to by the plaintiff. The plaintiff filed the suit thereafter and tendered the consideration money in Court and wanted the Court to decree the suit directing the defendant to handover the registration receipt and on his failure to compel him to do the same.

(3.) The defendant -respondent's case was that the plaintiff failed to perform his part of contract and therefore, he had cancelled the sale -deed registered on 4 -3 -1983 and the plaintiff was, therefore, not entitled to any relief.