CHAMAN LAL Vs. AB GANI SOFI

JUDGEMENT

(1.) THIS is a suit for specific performance of contract of sale dated 16. 9. 1972 filed by the plaintiffs herein against the defendant, who had also earlier filed a suit in the court of District Judge, Srinagar, declaring the agreement to sell void, By order of this court both these suits have been consolidated and this order will dispose of both these suits as main points involved in both the suits are the same,

(2.) THE plaintiffs have alleged that the defendant approached them with a proposal to sell his three -storeyed house at Karan Nagar, Srinagar, for an amount of Rs. 75, 000/ - on a date before 16.9.1972. The proposal was accepted by the plaintiff No: 1 on his behalf and on behalf of his brother, plaintiff No : 2. In the agreement to sell the defendant agreed to execute a sale deed within 2 years and in case by 15. 9. 74. The defendant received Rs. 50, 000/ - from the plaintiffs at the time of execution of the agreement to sell and the balance of Rs 25, 000/ - was stipulated to be paid to him at the time ot execution of the sale deed. The plaintiffs had to purchase the suit house in equal shares and to pay consideration thereof also in equal shares. The agreement to sell was got registered on 25. 9.1972., in the office of the Registrar Distt: Judge Srinagar, where the defendant was personally present and admitted the execution of the agreement to sell. In spite of being approached the defendant, however, availed to execute the sale deed. A notice, therefore, was served on the defendant through registered post asking the defendant to execute the sale deed or else the agreement to sell would be got enforced specifically through the court.

(3.) THE plaintiffs also informed the defendant through this notice that they were ready to pay the remaining amount of sale price on the date of the sale deed would be executed. But inspite of notices the defendant failed to execute the sale deed and according to the plaint that has given rise to the cause of action for lodging the present suit. It has, therefore prayed by the plaintiffs that a decree for a specific performance of the agreement to sell dated 16.9.72 be passed with costs in their favour and against the defendant with the direction to execute the conveyance and get the same registered in accordance with law. The agreement to sell in original and receipt for Rs. 5000/ - having been received by the defendant have been filed alongwith the plaint.