- (1.) Cm-5247-C-2016 Civil Miscellaneous Application is allowed. Document (Annexure A1) is taken on record. RSA-5518-2015 Present regular second appeal, filed by the defendant, against the judgment & decree, passed by both the Courts below, whereby suit for possession on the basis of specific performance of agreement of sale dated 9.1.2009, filed by the plaintiff, was accepted and first appeal was dismissed by the first Appellate Court.
(2.) For the sake of convenience, parties are being referred to as per their status before the Court of first Instance.
(3.) Relevant facts of the case, as set up in the plaint, that agreement of sale dated 9.1.2009 was duly executed for total sale consideration of Rs. 6,68,250/- and a sum of Rs. 4,50,000/- was paid as earnest money. Target date for execution of sale deed was fixed as 7.7.2009. It was mutually agreed that defendant would get the suit land redeemed from the bank after paying the loan amount. Plaintiff always remained ready and willing to perform his part of contract and for that purpose he remained present in the office of Sub Registrar, Nathusari on the date fixed for execution of the sale deed and got his presence marked by way of affidavit. Defendant failed to put in appearance despite legal notice dated 9.9.2009. Defendant has not come forward to get the sale deed executed in terms of agreement of sale and as such necessity of the suit.;