- (1.) This civil second appeal preferred by appellantplaintiff Amar Singh is directed against the judgment and decree dated 23.09.2008 passed by learned Additional District Judge, Bhadra, District Hanumangarh in Civil Regular Appeal No.27/2002 (10/2000) dismissing the appeal filed by the appellant-plaintiff against the judgment and decree dated 19.05.2000 passed by learned Civil Judge (Senior Division), Bhadra in Civil Original Case No.67/1995, whereby the suit for specific performance of contract filed by the appellant plaintiff was dismissed.
(2.) The brief facts of the case are that the appellantplaintiff filed a civil suit against the respondent-defendants before the trial court for specific performance of contract. It was averred in the suit that in Tehsil Bhadra Chak No.11 Jogiwala, respondent No.1 Charna Ram @ Charan Singh out of his 3 Bighas of Khatedari land, agreed to sale 2 Bighas agricultural land to the appellant-plaintiff for consideration of Rs.20,000/-. They entered into an agreement on 29.06.1984 and an amount of Rs.13,000/- was paid by the appellantplaintiff as advance consideration. The possession of the land in question was given to the appellant-plaintiff and it was agreed that remaining amount of Rs.7,000/- shall be paid at the time of execution of the sale deed after taking permission from the State Government. It is further averred that despite agreement with the appellant-plaintiff, who was always ready and willing to perform his part of the agreement, the respondent-defendant gave false assurances and even when the necessity for taking permission for sale of land from the State Government came to an end, the respondent No.1 did not got the sale deed executed and sold the land of 3 Bighas to the respondent No.2 Durga Ram by a registered sale deed for a consideration of Rs.36,000/-. Therefore, the appellantplaintiff filed the suit for specific performance of contract.
(3.) The defendant No.1 denied to have made an agreement in favour of the appellant-plaintiff and to give him possession of the land in dispute. The defendant No.2 also denied to have any knowledge regarding the execution of agreement dated 29.06.1984 in favour of the appellantplaintiff and claimed himself to be the bonafide purchaser of the land.;