ONKARNATH Vs. LRS OF GANGARAM

JUDGEMENT

(1.) This appeal is directed against judgment and decree dtd. 17/11/2018 passed by Additional District No.1, Bikaner ('the first appellate court'), whereby, the appeal filed by the respondents against the judgment and decree dtd. 13/11/2007 has been allowed and the decree for specific performance passed by the trial court has been set aside.

(2.) The suit for specific performance was filed by the appellant ' plaintiff inter alia with the submissions that respondent ' Gangaram was in requirement of Rs.35,000.00 for his personal and household expenses and, therefore, for the agriculture land comprising in Khasra No.594 admeasuring 11.34 hectare, an agreement to sale dtd. 14/5/2001 was entered into and it was agreed that the sale deed would be executed in five months. When the defendant was required to get the sale deed registered, he started avoiding and on 3/11/2001 refused. It is claimed that the plaintiff was ready and willing to purchase the stamps and pay the registration fees and, therefore, prayed that sale deed be got registered in his favour and the possession of the land be handed over to him.

(3.) Written statement was filed denying the execution of the agreement. It was claimed that the same was fraudulent and concocted and that the same did not fall within the definition of an agreement and, therefore, the suit be dismissed.