RAKESH TIWARI, J. - (1.) THE case is taken up in the revised list. None has appeared on behalf of defendant respondent. Heard Sri M.A. Qadeer, learned counsel for the plaintiff appellant and perused the record.
(2.) THIS second appeal arises out against the judgment and decree dated 9.5.1984 passed by the Civil Judge, Saharanpur in Regular Civil Appeal No. 118 of 1982 arising out of Original Suit No. 5 of 1981, Sabbir Ahmad versus Mohd. Anwar and another. The second appeal was admitted on the substantial question of law as to whether the findings of the lower appellate Court that the suit was barred by time was erroneous?
(3.) THE facts as culled out from the record are that the defendant respondent executed an agreement dated 31.7.1975 for sale of property which was described in schedule 'A' of the plaint for a consideration of Rs.6,000/- for which he had also received an advance of Rs.1,000/-.The agreement provided that Sri Sabbir, defendant respondent will seek permission for sale of the said property from the District Magistrate, Saharanpur/ Ceiling Authority and will accordingly, inform the plaintiff appellant within 15 days about having received the permission. Thereafter within 15 days from the aforesaid information having been received Smt. Anjuman wife of Anwar, the plaintiff appellant will get the sale-deed executed from the Registration department. It further provided that if defendant appellant fails to comply with the conditions of the agreement to sell, Smt. Anjuman will have right to get the sale-deed executed through the Court. The defendant respondent instead of getting permission to sell from the District Magistrate, prolonged the execution of sale-deed on one pretext or the other.;