ASHOK BHARGAVA Vs. GANPAT SINGH

JUDGEMENT

(1.) This is the defendant- appellants' appeal against the judgment and decree passed by the Additional District Judge No. 2, Ajmer in suit for specific performance of contract of sale which was decreed by the learned trial court vide judgment dated 30.7.1996.

(2.) The brief facts giving rise to this appeal are that on 17.4.1987 the defendant entered into an agreement to sell the residential plot situated in Ajmer for a sum of 99,000/ - and by way of advance received on the same date an amount of Rs. 15,000/-. The balance amount of Rs. 84,000/- was to be paid after defendant vendors obtained No Object Certificate from the U.I.T, Ajmer for which the defendant sought one month's time and thereafter get the sale deed registered before the Sub Registrar. The balance of Rs. 84,000/- was therefore agreed to be paid at the time of registration.

(3.) The plaintiff-respondent in the plaint averred that on 10.8.1987 the defendant paid further a sum of Rs. 50,000/- by means of two cheques and the said amount was received by the defendant and deposited in her bank account jointly in her name as well as in the name of her son DW2 Ashok Kumar. The plaintiff further averred that he had sent a notice to the defendant to appear before the Sub Registrar on 19.10.1987. To appear before the Sub Registrar to get the sale deed registered 'and accept the balance amount of Rs. 34,000/- as the defendants had already received a sum of Rs. 15,000/- by way of advance plus additional amount of Rs. 50,000/- by the aforesaid two cheques in all amounting to Rs. 65,000/- out of the agreed amount of Rs. 99,000/-. It was further submitted that the plaintiff purchased stamps for executing the sale deed worth Rs. 5030/- but on the appointed date and time the defendant failed to appear and consequently the plaintiff had filed the present suit for specific performance of. contract of sale dated 17.4.1987.