MOHAMMAD YOUNIS DAR Vs. SHAMSHER SINGH

JUDGEMENT

(1.) This Civil First Miscellaneous Appeal is directed against the discretionary order dated 21-4-2012 (for short 'impugned order' herein) passed by the Additional District & Sessions Judge, Srinagar, in a suit titled Mohammad Younis Dar v. Shamsher Singh, for specific performance of contract and for decree of permanent injunction on the ground that Shamsher Singh, defendant-respondent, is the owner of the hotel building of M/s. Royal Residency, description of which is given in the plaint as also in the impugned order.

(2.) It is specifically averred in the plaint that the defendant Shamsher Singh executed an agreement to sell in favour of the plaintiff and agreed to sell the suit property for consideration amount of rupees fourteen crores out of which fifty five lacs were paid to and received by the defendant-respondent on 12-10-2011 and the next installment of rupees 1.45 crores was to be paid on or before 30th October, 2011. But before the said date, the parties with mutual consent agreed to revise the schedule of payment and executed an agreement whereby the total value of the property was reduced from fourteen crores to thirteen crores and rupees twenty eight lacs was also paid and transferred to the account No. CD-1031 in the name of M/s. Royal Residency Trikuta Nagar, Jammu.

(3.) Now, according to the new agreement, rupees six crores was to be paid to the re-spondent on 31-1-2012 and the balance amount was to be paid by or before 31-3-2012, and the payment so made was subject to clearance of all dues against the said suit property which includes liability certificate from the bank or any other financial institution, besides clearance of all the dues arising on account of electricity, water, local and municipal taxes and other liabilities, if any.