- (1.) Sher Singh appellant (now represented through legal representatives) had directed the present appeal against the judgment and decree dated 30.3.1989 vide which the appeal preferred by him against the judgment and decree dated 28.11.1988 was dismissed.
(2.) The case of the plaintiff in brief is that defendant vide agreements dated 10.6.1983 and 19.6.1984 agreed to sell his land measuring 11 bighas 16 biswas, being 1/6th share of the land measuring 70 bighas 16 biswas, situated in village Basantpura, fully detailed in the head-note of the plaint for a sum of Rs.40,000/-, out of which the defendant received Rs.32,000/- as earnest money from the plaintiff. Again on 19.6.1984, the defendant approached the plaintiff and got the date of execution and registration of the sale deed extended and executed an agreement to this effect in favour of the plaintiff on 19.6.1984 and received Rs.6,000/- more from the plaintiff towards the sale consideration. The plaintiff has through out been and is still ready and willing to perform his part of the contract but the defendant has committed the breach thereof. Hence, the suit. The plaintiff has also claimed Rs.40,000/- in the alternative from the plaintiff.
(3.) The suit is contested by the defendant. It is alleged that the defendant never entered into any agreement to sell on 10.6.1983 in favour of the plaintiff. The agreement is without consideration. The plaintiff is a Commission Agent and the defendant used to sell his produce through the plaintiff in the market. The market value of the land in the village was more than Rs. 15,000/- per bigha in the year 1982-83. It is also denied that he received Rs.38,000/- as earnest money out of the total sale consideration of Rs.40,000/-. He has also denied the extension of time for executing the sale deed. All other averments made in the plaint have also been denied. It is also pleaded that the defendant is entitled to the compensatory costs under Section 35-A CPC.;