VINOD K.SHARMA, J. - (1.) THIS regular second appeal has been filed against the judgments and decrees passed by the learned courts below vide which suit for possession by way of specific performance filed by the respondent plaintiff to enforce the agreement dated 17.10.1983 has been decreed. It was pleaded in the plaint that the plaintiff was always ready and willing to perform his part of the contract under the agreement dated 17.10.1983 and that he was entitled to get the sale deed executed in his favour on payment of Rs. 48,000/- after adjusting Rs. 25,000/- which was paid to the appellant- defendant at the time of execution of the agreement of sale.
(2.) THE defendant contested the suit. While admitting the agreement of sale the defendant showed his willingness to execute the sale deed subject to the condition that the remaining land which is under the tenancy of the plaintiff-respondent shall be surrendered by handing over the possession back to him. The case set up by the defendant was that he had entered into an agreement on an assurance by the plaintiff-respondent that he would surrender his tenancy right over the remaining land, which was in his possession as tenant at will. Learned courts below in view of the admission of the defendant-appellant regarding the execution of the agreement of sale, decreed the suit by observing that the plaintiff was always ready and willing to perform his part of the contract, whereas it was the defendant-appellant who was not willing to perform his part of the contract. The plea of the defendant appellant that the agreement was executed on the assurance that the land in possession of the plaintiff as tenant would be surrendered, was rejected on the plea that no oral evidence can be read in evidence to prove the documents. It was observed that as no such mention was made in the agreement of sale that it was subject to his surrendering possession over the remaining land. No reliance could be placed on oral evidence led by the appellant.
(3.) THE judgment and decree passed by the learned trial Court was affirmed by the learned lower appellate court.;