BHURAMAL Vs. GOKUL NARAIN

JUDGEMENT

(1.) THIS is an appeal by the vendor defendant in a suit for specific performance of contract to sell immovable property. The vendor Bhura Mal executed an agreement on the 6th February, 1949 for sale of his house to the plaintiff Gokul Narain for a sum of Rs. 1549/- The plaintiff also executed an agreement on the same date to purchase the house for a sum of Rs. 1549/- and it was stated in the agreement that the property would be purchased within fifteen days. No sale deed was executed by the defendant No. 1 and so the plaintiff brought the present suit for specific performance of the contract. The defendant No. 2 Gulab Chand was also made a party because after the contract the vendor made a gift of the property in his favour. The plaintiff said in his plaint that he was prepared to purchase the house but the defendant No. 1 did not execute the sale deed. The agreement executed by the plaintiff is Ex. A. I. and that executed by the vendor Bhura Mal is Ex. 1.

(2.) THE main defence was that the plaintiff failed to get the sale deed executed within fifteen days in compliance with the terms of the contract and so he forfeited his right to purchase his property under the contract. It was also pleaded that the plaintiff gave his consent for the execution of the gift deed in favour of Gulab Chand and so he was estopped from suing for the enforcement of the contract.