BANWARI & ORS. Vs. AMARCHAND

JUDGEMENT

(1.) (ORAL) - The appellants/defendants have filed the present first appeal against the decree of Specific Performance given by the learned Additional District Judge, Anoopgarh, vide judgment and decree dated 31.07.2006 in Civil Suit No.36/2005 - Amarchand Vs. Banwari & Ors. The relevant findings in favour of plaintiff/respondent as recorded by the learned trial court are quoted herein below for ready reference:- ...[VERNACULAR TEXT OMITTED]...

(2.) Mr. R. Bhatnagar, learned counsel for the appellants/defendants submitted that it is true that the defendants failed to file their written-statement before the learned trial court despite grant of opportunity and in the interest of justice one more opportunity to file written statement may be now granted to defend the suit and fresh trail may be directed.

(3.) On the other hand, Mr. N.L. Joshi, learned counsel for the respondent/plaintiff (decree holder) submitted that in pursuance to the Agreement to Sell, which was executed on 23.02.2001, a sum of Rs. 1,70,000.00 was paid to the plaintiffs and only remaining balance of Rs. 30,000.00 was to be paid at the time of registration of the document for transfer of the land of 3 KAM (Murabba No.245/481) ad-measuring 6 Bigha situated in Anoopgarh. He further submitted that the possession of the land in question is with the plaintiff/respondent since 2001 and he is cultivating the land in question. In fairness, he also submitted that the plaintiff would be willing to pay the enhanced compensation also for the transfer of agricultural land in favour of plaintiff/decree holder, in view of increase in price of land for which reason only the defendants refused to execute the sale-deed. While opposing the request of learned counsel for the appellants/defendants at this stage, learned counsel for the respondent/plaintiff submitted that there is no justification to grant of an opportunity to the defendants to file their written statement now when the defendants have lost before the learned trial court despite grant of several opportunities for filing written statement even on payment of cost, but they failed to even file their written statement before the learned trial court, much-less contesting the suit on proper evidence.