SUBHASH MAINI Vs. NATHI RAM

JUDGEMENT

(1.) In the present appeal, the appellant is challenging the order dated 19.01.2012 passed by Additional District & Sessions Judge, Kairana, Muzaffarnagar, by which Civil Appeal No.101 of 2011 filed by the appellant and appeal no.98 of 2011 filed by Kareshan have been dismissed and the order of the trial court dated 17.08.2011 has been affirmed.

(2.) Brief facts of the case are that the respondent nos.1 and 2 entered into an agreement to sell dated 21.07.2004 in respect of property in dispute. The respondent no.2 filed suit no.201 of 2004 for the cancellation of agreement to sell. The respondent no.1 filed suit no.35 of 2005 for specific performance. It appears that during the pendency of the aforesaid suits, the respondent no.2 has executed the sale deed of the property in dispute on 17.02.2006 in favour of the appellant. By impleadment application, the appellant has been impleaded as defendant no.2. Both the suits have been connected and decided by order dated 17.08.2011. The suit no.35 of 2005 filed by respondent no.1 has been decreed and suit no.201 of 2004 filed by the respondent no.2 for the cancellation of agreement to sell has been dismissed. Against the order of the trial court, the appellant as well as Kareshan filed the appeals, which have been dismissed by the impugned order. Hence the present appeal.

(3.) Learned counsel for the appellant submitted that during the pendency of the appeals, both the respondent nos.1 and 2 colluded and the respondent no.2 filed the compromise application. The appellate authority has decided the appeals on the basis of the aforesaid compromise and also on merit. He submitted that under Section 16 (c) of Specific Relief Act, 1963 the specific performance of contract can not be entered in favour of the person if he fails to prove that he has performed or has always been ready and willing to perform essential terms of the contract, which are to be performed by him. Order VI Rule 3 provides the form of pleadings in Appendix "A". Appendix "A" Form No.47 is form for specific performance.