SUDHIR AGARWAL, SHASHI KANT,JJ. - (1.) This is a defendant's appeal filed under Section 96 of Civil Procedure Code (hereinafter referred to as "CPC") arising from judgment and decree dated 25.11.2010 passed by Sri. Mangal Prasad, Additional District Judge, Court No. 3, Agra in Original Suit No. 234 of 2004, whereby it has decreed suit for specific performance of agreement for sale, dated 29.07.1988, and directed defendant-appellant to execute sale deed and get it registered within two months, failing which plaintiff may get execution through Court.
(2.) Sri. H.N. Singh, learned Senior Advocate assisted by Sri. Vineet Kumar Singh, Advocate has advanced his submissions on behalf of defendant-appellant (hereinafter referred to as "Appellant") while Sri. Swapnil Kumar, Advocate has made his submissions on behalf of plaintiff-respondent (hereinafter referred to as "Plaintiff").
(3.) Plaintif-/s. Doctors Sahkari Grah Nirman Samiti Ltd., is a Society registered under Societies Registration Act, 1860 (hereinafter referred to as "Act, 1860"). Original Suit No. 234 of 2004 was instituted by Plaintiff through its Secretary, Dr. Prakash Narain Gupta in the Court of Civil Judge (Senior Division), Agra vide plaint dated 29.03.2004. Details of disputed land is given at the bottom of plaint and reads as under: "25% Developed plot area of 1/2 of land out of following Khasra plots measuring an area of 2562 Sq. Yards, 1151/0-4-0, 1158/1-4-0, 1159/1-6-0, 1160/2-1-0, 1165/1-6-0, 1166/1-13-0, 1169/1-7-0, 1170/1-2-0, 1171/0-15-0, 1172/1-1-0, 1240/0-14-0, 1241/0-17-0, 1242/1-7-0, 1243/1-2-0, 1248/1-7-0, 1249/3-5-0, 1250/0-12-0, 1251/0-9-0, 1252/1-0-0, 1253/1-4-0, 1254/1-5-0, 1255/1-5-0, 1256/1-3-0 and 1259/1-0-0, total area 26 Bigha 17 Biswa situated at Village Basai Mustqil Tehsil and District Agra now a residential colony named as Rani Bagh/Niti Bah, mentioned as below: (1) Plot numbers, purchased by Defendant No. Ajanta Sahkari Avas Samiti Ltd. vide sale deed dated 18.09.1989 in Rani Bagh Colony. (2) Plot numbers situated in Niti Bagh Colony as per correction deed dated 27-11-1992 executed by Ajanta Sahkari Avas Samiti Ltd. in favour of defendant. 73, 74, 75, 76, 77, 78, 79, 80, 81, 82, 83, 84, 117, 121, 122, 151, 152, 153, 154, 155, 156 and 158 total 22 plots.";