LADI Vs. BUDHI CHAND TAK

JUDGEMENT

(1.) THIS is plaintiff's second appeal under S.100 CPC.

(2.) BRIEF facts, giving rise to this appeal are that the plaintiff filed a civil suit with the averments that he entered into an agreement with the defendants on 24.7.86 to purchase a residential plot situated at Pipli Kua, Dhola Bhata, Ajmer, measuring 435.60 sq.yds., as described in the plaint and on the aforesaid date the defendants received Rs.1000/- as advance-amount and rest of the amount of Rs.16,424/- was agreed to be paid at the time of registration of the plot in favour of the plaintiff. It was also agreed that defendants will obtain the no-objection certificate in regard to the plot in question from competent authority and inform the plaintiff, but they have not obtained the no-objection certificate as yet. It was also pleaded that the plaintiff was ready and willing to pay the balance amount and to execute the agreement, but the defendants are avoiding to do so, therefore, a decree of specific performance of contract has been prayed for in the suit.