Vijay Lakshmi, J. - (1.)The instant second appeal is directed against the judgment dated 04.11.2015 passed by learned Additional District Judge, Court No.8, Shahjahanpur in Civil Appeal No.61/2011, whereby the learned Additional District Judge has dismissed the appeal filed by the defendant-appellant and has affirmed the judgment and order dated 14.2.2011 passed by Additional Civil Judge, Shahjahanpur decreeing the suit of plaintiff-respondent.
(2.)Heard Shri Preet Pal Singh Rathore, learned counsel for the appellant and Shri R.L. Varma on behalf of the caveator-respondent on the point of admission and perused the available record.
(3.)The brief facts giving rise to the dispute between the parties are that the appellant namely Ompal Singh who is the defendant in Original Suit No.379/2004 is the co-owner of Gata No.241 measuring 1.084 hectares, along with three other co-sharers. He entered into an agreement for sale of 4 bighas from his share of undivided land. The agreement for sale was executed on 25.7.2003 for a period of one year which was going to expire on 24.7.2004. The price of the land was fixed at Rs. 80,000/- out of which Rs. 40,000/- was paid as earnest money to the defendant-appellant by the plaintiff-respondent and it was settled between them that the remaining Rs. 40,000/- shall be paid to the defendant-appellant within a period of one year, who in turn shall execute the sale deed. However, when the appellant failed to execute the sale deed within the stipulated period despite service of notice on him, the purchaser i.e. plaintiff-respondent filed a suit for specific performance of contract against him (Original Suit No.379/2004), copy whereof is annexed as (Annexure No.5).