LOONA RAM ALIAS BABU LAL Vs. RAMESHWAR LAL

JUDGEMENT

(1.) INSTANT revision petition has been filed challenging the judgment and order dated 27-3-2009 passed by the Addl. District Judge No. 1, Bikaner in Original Suit no. 109/2009, whereby, the application filed under Order 7, Rule 11, CPC by the petitioner-defendant was rejected.

(2.) ACCORDING to facts of the case, a civil suit was filed by respondent-plaintiff for specific performance for agreement to sale for purchase of the property belonging to the petitioner. In the plaint, it is alleged by the respondent-plaintiff that agreement to sell was made between the parties for sale of the house in question measuring 191. 25 Sq. Yd. situated at Gangashahar, Bikaner, for which, he paid a sum of Rs. 65,000/- on 25-2-2006 and further sum of Rs. 7,35,000/- on 25-3-2006; but, the petitioner-defendant did not execute the registered sale-deed in his favour, therefore, the suit may be decreed and petitioner-defendant may be directed to execute the registered sale-deed in his favour.

(3.) A written-statement was filed by the petitioner-defendant before the trial Court denying all the allegations levelled by the plaintiff and, specifically, it is pointed out that the plaintiff had played fraud upon the respondent inasmuch as the petitioner-defendant had full faith in the plaintiff and he was also collecting rent on his behalf of the shops rented out in his premises. Further, it is stated that no amount or advance had subsequently been paid by the plaintiff to the defendant. There were talks going on in between the parties towards agreement to sale and it was specifically concluded that since the tenants are not vacating the shops in the premises, it would not be feasible to finally conclude the agreement between the parties.