AMAR SINGH Vs. RAJKUMAR

JUDGEMENT

(1.) The appellant is aggrieved by the order dated 16.03.2011 passed by the Addl. District Judge, Nohar, District Hanumangarh, whereby the learned Judge has dismissed an application filed by the appellant under Order 9, Rule 13 CPC, and refused to set aside the orders dated 21.08.2002 and 21.10.2002 and judgment and decree dated 20.01.2003 in Civil Original Suit No.43/2001 passed against the appellant.

(2.) In a nut-shell, the facts are that the respondent, Rajkumar, filed a suit for specific performance against the appellant, inter-alia, on the ground that appellant had sold a parcel of land to him by an agreement dated 28.08.2000.

(3.) As part of the consideration, on the same day, he had paid the appellant Rs.80,500. It was agreed that the remaining amount of Rs.5,000 would be paid on the execution of sale deed. Although the agreement was registered with the SubRegistrar, Nohar, on 15.05.2011, the sale deed was not executed. Therefore, the respondent-plaintiff sent a legal notice to the appellant on 22.05.2001 for execution of the sale deed. Despite the assurance given by the appellant, he did not get the sale deed executed. Hence, the respondent-plaintiff filed the suit for specific performance.