- (1.)The plaintiff in the suit for specific performance of the agreement of sale of immovable property, filed this appeal assailing the judgment passed by the Allahabad high Court in F. A. No. 486 of 1980 in which the High Court set aside the judgment of the trial court, decreed the suit in part and granted the alternative relief sought in the plaint for refund of the consideration paid and awarded a sum of Rs. 5000. 00 with interest as damages to the plaintiff. The High court declined to grant the plaintiff's prayer for specific performance of the agreement of sale.
(2.)The appellant filed the Suit No. 123 of 1978 in the court of civil judge, Saharanpur on 1.6.1978, seeking a decree of specific performance of the agreement of sale of the suit property or in the alternative for a decree for refund of the consideration money and damages of Rs. 5000. 00 and other consequential reliefs.
(3.)The case of the plaintiff shortly stated is that he had entered into an agreement with the defendant on 10th of January, 1975 for sale of the suit property in his favour for a consideration of Rs. 31,350. 00with the stipulation inter alia that the defendant will take steps for obtaining permission for sale of the property under the Urban Land (Ceiling and Regulations) Act, 1978 and on obtaining such permission, will intimate the plaintiff and after receipt of such intimation, the plaintiff will take steps for payment of the balance consideration money and for execution of the sale deed within five months. The further case of the plaintiff was that though he was all along ready and willing to perform his part of the contract, the defendant on the plea of pendency of proceeding before the Authority, under the Act delayed, execution of the document and subsequently declined to execute the sale deed.