- (1.) By this second appeal, the plaintiff-appellant has challenged the judgment and decree dated 5.2.2011 passed by the Addl. Distt. Judge (Fast Track) No.4, Ajmer in Civil Appeal No.108/2009 (04/1995) filed by the plaintiff, whereby the judgment and decree dated 10.11.1994 passed by the Additional Civil Judge (Junior Division) No.1, Ajmer in Civil Suit No.160/89 titled Rameshwar V. Rupa has been affirmed.
(2.) Briefly stated the facts of the case are that the plaintiffappellant entered into an agreement to sell with the defendantrespondent on 24.12.1980 and vide aforesaid agreement, the defendant agreed to sell the disputed land at Rs.3,000/-. The agreement was duly registered and it was obligatory on the part of the defendant to procure the NOC regarding the said land within fifteen days and get the measurements of the dipsuted land done. On 18.6.1989, the plaintiff was astound to find some men taking measurements of the land and on enquiry it was revealed that the defendant was selling the land to some other person, therefore, on 27.6.1989, the plaintiff-appellant filed a suit for specific performance of the agreement dated 24.12.1980 which was cancelled vide notice dated 20.10.1981 (Ex.A-2).
(3.) The defendant filed detailed written statement and stated therein that he is an illiterate and further that it was agreed orally that the NOC will be procured by the plaintiff. It was also stated in the written statement that the defendant-respondent by registered post gave notice dated 20.10.1981 (Ex.A.-2) whereby he cancelled the agreement, which has been duly received by the plaintiff.;