MADAN LAL (SINCE DIED) S/O LAL SINGH Vs. BHOPAL SINGH (SINCE DIED) S/O MUKHTYARA
LAWS(UTN)-2013-7-216
HIGH COURT OF UTTARAKHAND
Decided on July 29,2013

Madan Lal (Since Died) S/O Lal Singh Appellant
VERSUS
Bhopal Singh (Since Died) S/O Mukhtyara Respondents

JUDGEMENT

- (1.) This second appeal, preferred under section 100 of Code of Civil Procedure, 1908, is directed against judgment and decree dated 22.02.2013 passed by Additional District Judge, Roorkee (District Hardwar) in Civil Appeal No. 01 of 2007 whereby said court has allowed the appeal of the plaintiffs, and set aside the decree (dismissing the suit No. 36 of 2003) passed by Civil Judge, Senior Division, Roorkee, on 23.01.2007. The lower appellate court has decreed the suit vide impugned judgment and order for specific performance of contract.
(2.) Heard learned counsel for the parties, and perused the record.
(3.) Brief facts of the case are that plaintiff Bhopal Singh filed a Suit No. 36 of 2003, before Civil Judge (Senior Division) Roorkee, with the pleading that defendant Madan Lal was Bhumidhar of Plot/Khasra No. 19 measuring 0.880 hectare in village Nizampur, out of which he agreed to sell 0.788 hectares to the plaintiff (Bhopal Singh) for a consideration of Rs. 2 lakh. It is pleaded by the plaintiff that an agreement dated 10.07.2002 was executed between the aforesaid parties, and the plaintiff paid Rs. 1,63,000/- as part of consideration to the defendant. In terms of the agreement, sale deed was required to be executed by 09.07.2003. Plaintiff has further pleaded that he was and is always ready and willing to perform his part of contract. It is alleged that even after giving notice dated 04.04.2003, the defendant failed to turn up on 30.04.2003 before Sub Registrar to execute the sale deed in terms of the agreement. Consequently, the suit for specific performance of contract was filed against the defendant Madan Lal. During the pendency of the lis amendment was made for the plaintiff, and alternative relief was sought that in case decree of specific performance is not passed decree for return of consideration paid with interest, be passed.;


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