GHULAM HYDER MALLA Vs. MEHBOOB ALI KHAN

JUDGEMENT

(1.) The instant first appeal by the appellant is directed against the judgment and decree dtd. 31/8/2021 passed by the Court of Additional District Judge, Budgam ["the trial Court"] in a suit for specific performance and injunction titled Mehboob Ali Khan v. Ghulam Hyder Malla and another.

(2.) Before proceeding ahead to deal with the grounds of challenge to the impugned judgment and decree as urged by the learned counsel appearing for the appellant, it would be appropriate to advert to few relevant facts.

(3.) Respondent No.1 [plaintiff in the suit] filed a civil suit for specific performance of contract and permanent prohibitory injunction against the appellant and respondent No2. ["the defendant Nos. 1 and 2 in the suit"] in respect of land measuring 1 kanal 10 marlas under survey No.620 and land measuring 14 marlas falling in survey No.582 situated at village Dandoosa Tehsil and District Budgam ["the suit land"]. As is averred by the plaintiff in the suit, the suit land was offered for sale to the plaintiff by defendant No.1 in the month of November, 2016 and an agreement to sell was executed between the plaintiff and defendant No.1. On the asking of the defendant No.1, the plaintiff paid the entire sale consideration of Rs.34,95,000.00, which included a sum of Rs.9,45,000.00 in respect of land measuring 14 marlas falling under survey No.582. The plaintiff pleaded that after having paid the entire sale consideration, he approached the defendants to execute a proper sale deed and deliver possession of the suit land but the defendants refused and therefore, the cause of action to file the suit. The plaintiff has made reference to a criminal complaint filed against the defendants for having assaulted and threatening him of dire consequences in case he persists for execution of the sale deed or approaches the court of law for taking legal remedy. It is in this backdrop the plaintiff prayed for a decree of specific performance of contract and for delivery of the possession of the suit land.