CHANDRA KANT GUPTA Vs. KRISHNA MANOHAR BHATWARA

JUDGEMENT

(1.) THIS first appeal by the defendants arises out of suit for specific performance of contract instituted by the plaintiffs. The parties in this appeal would be referred as arrayed in the plaint.

(2.) THE suit was instituted by the plaintiffs (five in number) on 14. 8. 1991, which the averments the defendants who are the owners of house-propriety bearing No. C-86a, Jagraj Marg, Mangal Marg, Bapu Nagar, Jaipur, agreed to seel this property to the plaintiff No. 1 for a consideration of Rs. 17,51,000/- vide agreement dated 8. 7. 1989. An amount of Rs. 3 lacs was paid in advance on 8. 7. 1989. THE defendants in part performance of the agreement handed-over possession of some portions of this house to the plaintiff as contained in para 5 of the plaint while giving the details of the terms and conditions of the agreement, it was interalia agreed upon between the parties that the defendants would get the house vacated from the tenants within a period of four months from the date of agreement and that the defendant should obtain N. O. C. from the Income Tax Department and thereafter shall get the registered sale deeds executed in favour of the plaintiff No. 1 or in the name of other persons as named by him. THEreafter, half portion of the house (Northern side) was got vacated from the tenants and sale-deed of this half portion was got registered on 9. 8. 1990 on payment of Rs. 4,37,750/ -.

(3.) EVIDENCE of the parties was recorded. Vide impugned judgment dated 17. 1. 1995, the learned trial Judge decided all the issues in favour of the plaintiffs and thus decreed the suit for specific performance.