GANPAT SINGH Vs. CHAND MAL

JUDGEMENT

(1.) THIS is an appeal by the defendant Ganpat Singh against the judgment and decree of Additional District Judge No. 3, Ajmer dated 26. 7. 2003 passing a decree for specific performance of an agreement to sell the suit house in plaintiffs favour.

(2.) THE plaintiffs (father and son) filed a civil suit for specific performance on 8. 12. 2000 with the averments that the defendant entered into an agreement with the plaintiffs to sell western portion of the house AMC No. 338/5 situated at Lakhan Kotari, Ajmer for a sum of Rs. 8,00,000/ -. In pursuance of the said agreement the defendant received Rs. 3,50,000/- from the plaintiffs as part payment of the sale price and executed an agreement (Ex. 1) on 13. 12. 1998. It was agreed upon between the parties that the balance of the sale price shall be paid at the time of the registration of the sale deed. THE plaintiffs were always ready and willing to perform their part of the contract but the defendant continued to extend the time of executing the sale deed but did not execute the same inspite of notices dated 5. 10. 2000 and 25. 10. 2000 which were served upon the defendant.

(3.) FIRST Point :- Mr. Goyal contended that there was no question to execute the agreement of sale as the defendant- appellant was not the sole owner. It was also contended that the Trial Court did not consider the evidence in a proper manner and there was no reason not to rely upon the evidence of the defendant. Mr. Karnani learned counsel for the plaintiffs supported the decision of the Trial Court.