PUSHP RAJ Vs. MANGA RAM @ MANGILAL

JUDGEMENT

(1.) IN this second appeal filed under Section 100, C.P.C., the appellant -plaintiff is challenging the judgment and decree dated 28.05.1992 passed by the District Judge, Balotra in Civil Appeal No. 10/87, whereby, the learned first appellate Court reversed the judgment and decree dated 05.08.1987 passed by the Civil Judge, Balotra in Civil Suit No. 20/83 and dismissed the suit with cost.

(2.) BRIEF facts of the case are that a suit for specific performance of contract was filed by the appellant -plaintiff before the Civil Judge, Barmer (Camp Balotra), in which, it is stated that he is adopted son of late Keshari Mal Oswal who died on 19.06.1981 and, during his life -time, respondent Manga Ram @ Mangilal executed an agreement to sell his share of khatedari land and, for the same, sale consideration of Rs. 7,000/ -was fixed, out of which, Rs. 6,000/ - were paid by late Kesharimal on 21.12.1979 and rest of the amount i.e., Rs. 1,000/ - was agreed to be paid at the time of registry of the sale -deed.

(3.) AS per appellant -plaintiff, he was ready and willing to pay the rest of the amount but, inspite of demanding to execute the sale -deed, respondent -defendant refused to execute the sale -deed in his favour. It is also stated that after partition, the land in question was also mutated in the name of the respondent situated in village Jasol.