DAKSHAYAN CONSTRUCTIONS PRIVATE LIMITED Vs. BULAKAN PRASAD

JUDGEMENT

(1.) This appeal has been preferred against the Judgment dated 04.01.2012, Decree dated 21.01.2012, passed and signed by Sub Judge-X, Ranchi in connection with Title Suit No. 259/2002 whereby the learned Sub Judge has been pleased to decree the suit for specific performance in favour of the respondent no. 1 and directed the appellant to execute Deed of Sale with respect to suit property after receiving the balance consideration amount with cost, failing which the Court will execute the Deed of Sale according to process of law.

(2.) The appellants were defendants no. 2 and 3 whereas proforma respondent no. 2 was the defendant no. 1 in the Court below. The respondent no. 1 was the plaintiff who filed Title Suit No. 259/2002 in the Court of Sub Judge-I at Ranchi with following facts:

(3.) The defendant no. 1 did not appear and hence the suit proceeded against him ex-parte. Defendant no. 3 for himself and on behalf of defendant no. 2 filed written statement admitting therein the agreement dated 16.09.1999 (Ext.-1) executed by and between the parties and also acknowledged receipt of Rs.1,80,000/- paid by the plaintiff against sale of suit property.