- (1.) THIS is defendants' appeal. Plaintiff Shri Gopal filed suit for specific performance with the allegation that Matru Mai, father of the defendants had agreed to sell his residential house for a sum of Rs. 9,500 for which he executed a written agreement and had also accepted Rs. 2,000 by way of advance money with the stipulation that out of Rs. 2,000, he will pay interest at the rate of 2% per month on the sum of Rs. 1,000 and the said amount of interest will be taken into account at the time of execution of sale-deed, and the sum, which is found payable by way of interest will be reduced from the amount of remaining sale consideration, which is payable at the time of execution of sale-deed.
(2.) THE appellant denied that Matru Mai, his father had ever executed the agreement deed. He further denied that any amount by way of advance was paid to him. It was further pleaded that the plaintiff- respondent has not shown his readiness and willingness for getting the sale-deed executed and for paying sum of Rs. 7,500, the alleged remaining amount of the sale consideration payable at the time of execution of sale-deed as per the agreement. Parties led evidence in support of their respective cases. Both the courts below returned the findings against the defendant-appellant. It was held that Matru Mai, father of the defendant had executed the agreement and had also taken a sum of Rs. 2,000 by way of advance for selling the house in suit. The trial court also found that the interest at the rate of 2% per month on the Sum of Rs. 1,000 as per the stipulation in the agreement deed, was payable by the defendant and the same sum was liable to be taken into account in the sale consideration, as per the pleadings made by the plaintiff-respondent, on appeal by the defendant, the lower appellate court set aside this finding but affirmed the other findings, namely, finding relating to the execution of the agreement at sell, and the receipt of sum of Rs. 2,000 by the father of the defendants. The lower appellate court, however, held that the stipulation regarding payment of interest at the rate of 2% per month on the sum of Rs. 1,000, as was pleaded by the plaintiff, was bogus as no interest could be payable on the money which was paid by the plaintiff to the defendants' father by way of advance of the sale consideration. The courts below, however, decreed the suit and directed the defendant-appellant to execute the sale-deed failing which the plaintiff was allowed to get the sale-deed executed through court.
(3.) SRI Vishnu Sahai, learned counsel, has appeared for the appellant. However, none has appeared on behalf of the plaintiff. A cross-objection too has been filed by the plaintiff-respondent challenging the finding of the lower appellate court on the point relating to the liability of the appellant to pay interest on the sum of Rs. 1,000 at the rate of 2% per month. The cross-objection is accordingly dismissed for default of appearance of the counsel for plaintiff.;