LRS OF DWARKA PRASAD Vs. HETRAM

JUDGEMENT

(1.) Heard learned counsel for the parties and perused the material available on record.

(2.) The instant appeal has been preferred by the appellant Dwarka Prasad for assailing the judgment-cum-decree dated 20.09.1990 passed by the learned Additional District Judge, Nohar in Civil Original Suit No. 36/1984 whereby, the suit filed by the plaintiff for seeking specific performance of an 'Agreement to sale' (hereinafter referred to as 'agreement') dated 11.06.1981 was dismissed.

(3.) The plaintiff filed the suit with the pertinent assertion that the agreement was entered into between him and the defendant for purchase of six bighas land (Khasra Nos. 2, 3, 4, 5, 8 and 9) from Murabba No. 27 of Chak No. 22 JSN, Village Jasana ki Rohi. The rate was settled @ Rs. 6,000/- per bigha. He paid an advance amount of Rs. 13,000/- to the defendant on the date of the execution of the agreement whereas, the balance consideration amount to the tune of Rs. 23,000/- was settled to be paid at the time of registration which was to be carried out on Jeth Sudi 9 Samvat 2039. The plaintiff further claimed that he repeatedly approached the defendant to execute the registered sale deed but the defendant failed to carry out his promise whereupon, a notice was issued to the defendant on 19.03.1984. Despite receiving the notice, the defendant failed to appear at the office of the Sub- Registrar where, the plaintiff was present with the balance consideration. The agreement was not registered and the sale was not finalized thereupon the suit came to be filed.