RAM KUMAR Vs. UDAI KUMAR JAISWAL

JUDGEMENT

(1.) THE defendants have filed this First Appeal against the Judgment and Decree dated 04.05.1983 passed by learned Second Addl. Sub Judge, Vaishali in title suit No.85 of 1978 / 18 of 1982 whereby the Corut below decreed the plaintiff respondent's suit for specific performance of contract.

(2.) THE plaintiff-respondent filed the aforesaid suit for specific performance of contract dated 18.11.1974 and the subsequent agreement dated 16.10.1975. The said relief was claimed alleging that the suit property standing over 2 katha 15 dhur land is double storied house. The defendant No.2 and 3 are minor sons of defendant No.1. The defendant No.1 executed and registered an agreement dated 18.11.1974 in respect of the suit property for a consideration of Rs.10,000/- acting as karta and guardian of defendant No.2 and 3. Rs.5000/- was paid as earnest money at the time of execution of the agreement for sale. The plaintiff demanded to execute the sale deed who instead of executing the sale deed executed another agreement on 16.10.1975 on receipt of further Rs.200/- and promised to execute the sale deed within a period of 15 months on receipt of remaining consideration amount of Rs.4800/-. Subsequently in spite of repeated demand, the defendant No.1 did not execute the sale deed, so advocate's notice was served on the defendant No.1 but to no effect. The plaintiff was always ready and willing and still ready and willing to perform his part of the contract and is ready to pay balance consideration amount. The defendant deliberately pulled down back portion of the house, as such the plaintiff would have to incur an expense of Rs.500/- on repairing the same.

(3.) ON the basis of the aforesaid pleadings, the learned Court below framed the following issues :-