AASU Vs. SAY KHAN

JUDGEMENT

(1.) THIS is second appeal by the appellant-plaintiff under section 100 of the Code of Civil Procedure against the judgment and decree dated 8/8/2008 passed by Additional district Judge No. 2, Kishangarhbas Camp Tijara, District Alwar in civil Appeal No. 16/2004 whereby the judgment and decree dated 2/12/2004 passed by Civil Judge (Junior Division), Tijara in Civil Suit No. 67/1997 was affirmed by which the suit of the plaintiff for specific performance of the contract was dismissed.

(2.) THE case of the plaintiff as alleged by him is that he and the defendant entered into an agreement by which the defendant agreed to sell the disputed land and the plaintiff paid a sum of Rs. 10,000/- to the defendant as advance in the presence of the witnesses at the time of execution of the sale agreement and the possession of disputed land was also handed over to the plaintiff and the remaining amount was agreed upon to pay at the time of registry of the disputed land but thereafter the defendant due to melafide intentions did not perform his remaining part of the contract, whereas according to the defendant he never executed any agreement to sell the disputed land to the plaintiff, since the disputed land was belonging to his father and at the time of execution of the agreement his father was alive, therefore he was not authorized to execute such an agreement and further according to the defendant he never received any consideration from the plaintiff nor possession of the disputed land was given to the plaintiff.

(3.) THE trial court on the basis of the pleadings of the parties framed the issues and after recording the evidence and hearing the parties dismissed the suit of the plaintiff holding that plaintiff failed to prove the execution of the so called agreement in favour of the plaintiff and consequent thereto since the execution of the agreement was not found proved, therefore, the issue no. 2 regarding performing the part of the contract by the plaintiff was also decided against the plaintiff.