SULTAN Vs. RAGHUNATH PRASAD

JUDGEMENT

(1.) By this appeal under Sec. 96 of the Civil Procedure Code, the appellant Sultan S/o Moman Ram has challenged the judgment and decree dt. 22.08.1986 passed by the learned Addl. District judge, Nohar in Civil Original Case No. 26/1980, whereby the learned trial Judge decreed the suit in favour of the plaintiff-respondent Raghunath Prasad and direction was issued to the appellant to execute the sale-deed in favour of the plaintiff in respect of sale of agriculture land situated in Khasra No. 133 at Rohi Moja Rasampura, Tehsil Nohar and the defendant-appellant was directed to pay the remaining amount of Rs.2,265.00, said to be payable under the agreement arrived at in between the parties on 23.06.1976.

(2.) According to facts, it is inter alia stated that a document was executed on 23.06.1975 and, in terms of the said document being agreement to sale, the sale was to be executed by 23.06.1977. According to the agreement in between the defendant-appellant and plaintiff-respondent, the land measuring 37 bigha 11 biswa, Khasra No. 133 situated in Rohi Moja Rasampura (Tehsil Nohar) was agreed to be sold and, at the time of execution of the document Ex.-P/1, Rs. 9,000.00 were paid and the remaining amount was agreed to be paid at the time of registry and, as per agreement, the cost of land was agreed at the rate of Rs. 30C per bigha and the total sale price was in the sum of Rs. 11,265.00 out of which Rs. 9,000.00 were paid at the time of execution of document Ex.-P/l.

(3.) The suit was filed by the plaintiff purchaser under the Specific Performance Act in the Court of Addl. District Judge No.l, Hanumangarh on 02.07.1979. Upon notice, the defendant filed his written-statement and, thereafter, on the pleadings of the parties, the following seven issues were framed by the trial Court: