HARI LAL Vs. BHOORI DEVI

JUDGEMENT

(1.) The present regular appeal has been preferred against the judgment and decree dtd. 30/3/1990 passed by the District Judge, Jalore in Regular Suit No. 02/1982 whereby the suit for specific performance of contract as preferred by the plaintiff respondents had been decreed.

(2.) The case of the plaintiff was that an agreement to sell dtd. 29/1/1974 was executed by defendant Dharam Chand in favour of plaintiff Bhuri Devi with respect to two plots at Shivaji Nagar Colony, Jalore. The said plots were agreed to be sold for a consideration of Rs.11,000.00 out of which Rs.5,001.00 was paid on the date of agreement itself that is, 29/1/1974, as advance. The remaining amount of Rs.5,999.00 was agreed to be paid at the time of execution of the sale deed. It was also agreed between the parties that the defendant would get the sale deeds of the plots in question from the Municipal Board, Jalore within a period of six months and thereafter he would execute the sale deeds in favour of the plaintiff on payment of the remaining consideration amount.

(3.) The sale deeds were issued by the Municipal Board on 25/7/1979 and 26/7/1979 respectively in favour of the defendant but he, thereafter refused to execute the sale deeds in favour of the plaintiff and hence the plaintiff served notice dtd. 31/5/1980 on him. Despite the notice being served, the defendant failed to execute the sale deeds in her favour and therefore, the present suit for specific performance of contract with a prayer to direct the defendant to execute the sale deeds in her favour and in alternate, with a prayer for refund of the advance amount with interest, has been preferred.