VINOD K.SHARMA, J. - (1.) PRESENT regular second appeal has been filed against the judgments and decrees passed by the learned courts below vide which suit filed by the plaintiff-respondent for specific performance has been ordered to be decreed.
(2.) THE plaintiff-respondent filed a suit for specific performance for enforcement of the contract dated 10.7.1996 vide which the appellant-defendant had agreed to sell the land for consideration amount of Rs. 11,40,725/-. An amount of Rs. 2,00,725/- was paid to the defendant-appellant as part payment/earnest money. The last date for the execution of the sale-deed was 31.3.1997. It was also agreed that prior to the execution of the sale-deed the appellant-defendant would get income tax clearance certificate. It was claimed that another sum of Rs. 2,15,000/- was paid on 2.1.1997 against a receipt and the defendant also applied for income tax clearance certificate. The plaintiff also claimed that he was always ready and willing and was still willing to perform his part of the contract. The suit was contested by the appellant-defendant where execution of the sale-deed was denied. It was also claimed that the suit was not maintainable as the property was a joint Hindu family property in which sons of the defendant had also interest by birth. It was also claimed that a separate suit has been filed by the sons of the defendant-appellant against the sale of the property.
(3.) LEARNED courts below on appreciation of evidence brought on record, recorded a concurrent finding of fact that the plaintiff-respondent and the appellant-defendant had entered into an agreement of sale on 10.7.1996. It was also held that the respondent-plaintiff was always willing and still willing to perform his part of the contract and consequently the suit was decreed.;