GOPAL KRISHAN VYAS, J. - (1.) THIS civil first appeal was initially filed by defendant late Lajpat Rai under Section 96 of the Code of Civil Procedure against judgment and decree dated 04.02.1986 passed by Addl. District Judge, Bhilwara in Civil Original Suit No.1/81 (36/79), whereby, learned trial Judge decreed the suit of the plaintiff-respondent for specific performance of contract.
(2.) THE above appeal was filed by late Lajpat Rai against plaintiff late Jorawar Singh and, on the date of filing the appeal, both the parties were alive; but, during the pendency of this appeal, both appellant and respondent died. Due to death of original plaintiff-respondent Jorawar Singh on 10.07.1998 his legal representatives were taken on record vide order dated 16.03.1999. Similarly, defendant-appellant Lajpat Rai also died and vide order dated 15.03.1997, legal representatives of defendant-appellant were taken on record. Thereafter, necessary amended cause-title has been filed. According to facts of the case, plaintiff-respondent late Jorawar Singh filed suit for specific performance of contract in the Court of District Judge, Bhilwara stating therein that defendant-appellant Lajpat Rai entered into an agreement with him for sale of his house situated in Ward No.8 Sindhu Nagar Colony, Bhilwara for a sum of Rs. 2,20,001/- on 03.11.1978 and he has paid a sum of Rs. 15,001/- to the defendant as earnest money. As per terms of the agreement, the sale deed was required to be executed within three months from the date of execution of the agreement, the sale-deed was to be made in two parts - one for the first floor and, another, for the second floor which was in possession of one Asan Das Sindhi, a mortgagee.
(3.) IN the plaint, it was specifically stated that the plaintiff would pay a sum of Rs. 95,000/- at the time of execution of the sale-deed for the first floor and rest of the amount when the sale for the second floor is executed. In the plaint, it was further stated that plaintiff paid a sum of Rs. 8,000/- on 26.12.1978 for purchase of stamps to one Murlidhar Jagetiya at the instance of defendant and plaintiff further paid a sum of Rs. 7,000/- on 30.12.1978 to defendant and obtained receipt for the said amount from him and he was ready and willing to perform his part of contract for which he gave notice on 12.01.1979 and 15.01.1979 to the defendant.;