ANIL KUMAR Vs. SHAILENDRA KUMAR AGRAWAL

JUDGEMENT

(1.) Appellant-plaintiff has preferred this second appeal under Sec. 100 CPC against the judgment and decree dtd. 8/5/2018 passed in Civil First Appeal No.56/2016 by the Court of Additional District Judge No.3, Ajmer affirming the judgment and decree dtd. 23/2/2008 passed in Civil Suit No.69/93 (405/91) by the Court of Additional Civil Judge (Senior Division) No.2, Ajmer whereby and whereunder appellant-plaintiff's suit for specific performance was dismissed on merits.

(2.) Heard counsel for appellant and perused the record.

(3.) The relevant facts in brief are that appellant-plaintiff claims to have an agreement dtd. 21/12/1983 (date in the agreement wrongly mentioned as 21/10/1983) to purchase the disputed plot against the sale consideration of Rs.34,125.00 and against which alleged to pay Rs.2500.00 to respondents-defendants. Plaintiff has instituted the civil suit for specific performance dtd. 11/12/1991, taking a stand that the disputed plot was part of the agricultural land and hence before transfer of the said plot, it was necessary to get no objection from the competent authority under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter referred as the Urban Land Ceiling Act, 1976). Plaintiff averred that as per agreement, defendants are also agreed to get the N.O.C and furnished information to the plaintiff and thereafter, plaintiff was required to get the sale deed registered after making payment of balance sale consideration in pursuance to the agreement dtd. 21/12/1983. The plaintiff alleged his readiness and willingness and submitted that no information was furnished by respondents, regarding N.O.C from the competent authority, hence the suit has been instituted.