M. Jeyapaul, J. - (1.) C.M. No. 4073 -C of 2014 Heard. The application is allowed and the applicant is permitted to make good the deficiency in Court fee. C.M. No. 4074 -C of 2014 The application is dismissed as infructuous, as the main appeal has been heard and disposed of today. RSA No. 1668 of 2014
(2.) THE unsuccessful 1st defendant Darshan Singh has preferred the present appeal aggrieved by the decree for specific performance passed by the trial Court and confirmed by the First Appellate Court. It is the case of the plaintiff/1st respondent that 1st defendant/appellant who was owner of the suit property executed an agreement for sale on 11.8.2005 in favour of the plaintiff/1st respondent agreeing to sell the suit property for a total consideration of Rs. 4,38,000/ - having received an earnest an money of Rupees One lac. The sale deed was to be executed on or before 15.9.2005. Alleging that the 1st defendant failed to appear before the Registrar either on 19.9.2005 or on 10.10.2005 as per the request made by the plaintiff in the pre suit notice but the plaintiff was ready and willing to perform her part of the contract.
(3.) THE 1st defendant contended in his written statement that the agreement for sale dated 11.8.2005 was obtained by the plaintiff from the 1st defendant by misrepresenting the facts. Having received a sum of Rs. 1 lac from the plaintiff, the 1st defendant entered into an agreement for sale. The 1st defendant contended that the plaintiff was not ready and willing to perform her part of the contract whereas the 1st defendant was present throughout the day on 19.9.2005 in the office of the Sub Registrar, Dera Bassi.;