DEENDAYAL Vs. HARJOT KANWAR

JUDGEMENT

(1.) Heard learned counsel for the petitioner and the learned counsel for respondent No. 1. None appeared for respondents Nos. 2 and 3 after service.

(2.) This is appeal against the judgment and decree dated 23-9-1999 passed by the Additional District Judge No. 3, Jodhpur in Civil Original Suit No. 4/1994 by which the trial Court dismissed the suit for specific performance of the contract filed by the plaintiff but granted the decree for Rs. 5,100.00 along with interest at the rate of 18% per annum against defendant No. 1. The suit against defendant Nos. 2 and 3 was dismissed.

(3.) Brief facts of the case are that the plaintiff filed the suit for specific performance of the contract alleging that the plaintiff entered into agreement with defendant No. 1 by which the defendant No. 1 agreed to sell his plot No. 102 situated at Village Soothla, Chopasani Road, Jodhpur for a consideration of Rs. 90,000.00 on 23-11-1993. The plaintiff alleged that he paid Rs. 5,100.00 to defendant No. 1. The rest of the amount was to be paid at the time of registration of the sale deed in favour of the plaintiff. Both the parties agreed that the sale deed will be executed by the first week of January, 1994.