NARENDRA SINGH BHATI Vs. FATEH SINGH AND ORS.

JUDGEMENT

(1.) These first appeals under Sec. 96 CPC arise out of the judgment and decree dated 31.05.2013 passed by Additional District Judge, Abu Road, District Sirohi, whereby, the suit filed by the plaintiffs has been dismissed as withdrawn and it has been directed that defendants shall pay a sum of Rs. 4,75,000/ - within a period of two months, draft of Rs. 25,000/ - lying in the record would be returned to the plaintiffs and within a period of two months plaintiffs would handover the possession of the disputed property to the defendants.

(2.) A suit seeking specific performance of contract dated 17.05.1989 was filed by plaintiff - Narendra Singh on 28.09.2007 against Fateh Singh, pertaining to the property situated at Mount Abu on Oria Road, near Dilwara Temple; it was, inter alia, indicated in the plaint that the consideration agreed between the parties was Rs. 5,00,000/ - and a sum of Rs. 4,75,000/ - was paid as advance and possession of the property was handed over and it was also agreed that on payment of balance sum of Rs. 25,000/ - and on bearing expenses pertaining to stamp, the sale deed would be executed in favour of plaintiffs; further averments were made regarding failure on part of the defendant in not doing the needful under the agreement and the plaintiff being ready and willing to perform his part of the contract.

(3.) The suit was resisted by the defendant - Fateh Singh by filing written statement and the averments made in the plaint were denied.