GOVIND NARAIN Vs. HANS RAJ

JUDGEMENT

(1.) This civil first appeal has been preferred under, Section 96, CPC, by appellant (defendant) against the judgment and decree dated 10.3.1997 passed by the learned Additional District Judge, No. 7. Jaipur City, Jaipur in civil suit No. 46/88 whereby suit for specific performance filed by respondent (plaintiff) has been decreed deciding ail issues in his favour and against the defendant.

(2.) The facts giving rise to the filing of this appeal briefly stated, are that the plaintiff (respondent) filed a suit for specific performance of an agreement of sale (Ex. 1) alleged to have been executed between plaintiff and defendant on 27.2.1982 with respect to a plot of land bearing No. A/16 situated in Janta Colony, Jaipur City. The plaintiff averred in the plaint that the defendant (appellant) had agreed to sell his plot in dispute for a sale consideration of Rs. 2 lacs, for which the plaintiff had given him an advance payment of Rs. 25,000/- by way of earnest money at the time of execution of sale agreement (Ex.1). As per conditions of the sale agreement (Ex. 10), the defendant was required to obtain 'No Objection Certificate' from income tax department within two months of its execution, as well as 'no due certificate' for repayment of loan of Rs. 15,000/- to the Collector Jaipur and thereafter to furnish receipts in lieu thereof before execution of a sale deed in performance of sale agreement (Ex. 1).

(3.) The plaintiff further alleged that since the defendant did not perform his part of obligations to the conditions under the sale agreement (Ex.1), a notice dated 20.9.1982 was served upon him through an Advocate to get the sale deed executed but since the defendant did not execute sale deed, he, (plaintiff) had no option but to file the present suit to get enforced specific performance of sale agreement (Ex. 10).