RADHA DEVI Vs. LEKH RAM AND ORS

JUDGEMENT

(1.) This second appeal under Section 100 CPC is directed against judgment and decree dated 19.11.2013 passed by Additional District Judge No.2, Nohar, District Hanumangarh, whereby, the appeal preferred by the appellant against the judgment and decree dated 09.05.2006 passed by Civil Judge (Junior Division), Rawatsar, District Hanumangarh was upheld.

(2.) The facts in brief may be noticed thus: the appellantplaintiff filed a suit for specific performance of contract dated 10.08.1990 on 14.08.2003 with the averments that defendant Lekh Ram for fulfilling family requirements required money and, therefore, after receiving a sum of Rs.25,000/- in cash from the plaintiff executed agreement dated 10.08.1990 and handed over the same to the plaintiff and in part performance of the agreement handed over the possession of the land to her; after taking possession, the plaintiff got the land surrounded by barbed wire and constructed a room; the plaintiff has been ready and willing to get the sale deed executed in her favour; after the restriction was removed on 23.12.1992 the plaintiff requested the defendant to obtain sanad and get the sale deed registered; the defendant avoided obtaining sanad and after some time refused to do so; the plaintiff is entitled to decree for specific performance; the defendant was bent upon transferring the land to somebody else and is threatening to dispossess the plaintiff; ultimately, a decree for specific performance was sought.

(3.) A written statement was filed by the defendant and execution of the agreement was denied; it was also denied that possession of the land was handed over to the plaintiff after receiving a sum of Rs. 25,000/-; other averments made in the plaint were also denied.