GIRDHARI SINGH Vs. HARBANSH SINGH

JUDGEMENT

(1.) This second appeal under Sec. 100 CPC is directed against the judgment and decree dtd. 28/3/2019 passed by the Additional District Judge, Anoopgarh, District Sriganganagar, whereby the judgment and decree dtd. 13/9/2013 passed by the Civil Judge (Sr.Div.), Anoopgarh, District Sriganganagar has been reversed and the suit for specific performance filed by the respondent-plaintiff has been decreed.

(2.) The plaintiff filed suit for specific performance of contract dtd. 25/11/1982 with the averments that the land in question ad measuring 13 Bigha belongs to Phusaram adopted father of the defendant, who entered into agreement for the land in question for a sum of Rs.50,000.00, Rs.36,000.00 were received as advance.

(3.) It was agreed in the agreement that the balance consideration of Rs.14,000.00 would be received by Phusaram at the time of registration of the sale deed, the possession of the land in question was handed-over on the date of agreement. It was then indicated in the plaint that the plaintiff is ready and willing to pay the balance consideration; under Sec. 13A of the Rajasthan Colonization Act, 1954 ('the Colonization Act1) proceedings have been done for regularisation, however, the defendant has not executed a sale deed. A notice dtd. 30/12/2011 was sent to the defendant despite which the sale deed has not been executed. It was prayed that decree for specific performance be passed and the defendant be directed to execute the sale deed and a permanent injunction be issued against him.