- (1.) This second appeal under Section 100 CPC is directed against judgment and decree dated 19.11.2013 passed by Additional District Judge No.2, Nohar, District Hanumangarh, whereby, the appeal preferred by the appellants against the judgment and decree dated 09.05.2006 passed by Civil Judge (Junior Division), Rawatsar, District Hanumangarh was upheld.
(2.) The facts in brief may be noticed thus: the appellantsplaintiffs filed a suit for specific performance of contract dated 10.08.1990 on 14.08.2003 with the averments that defendant Lekh Ram for fulfilling family requirements required money and, therefore, after receiving a sum of Rs.25,000/- in cash from the plaintiffs' father/husband Bagaram executed agreement dated 10.08.1990 and handed over the same to him and in part performance of the agreement handed over the possession of the land to him; after taking possession, Bagaram/plaintiffs got the land surrounded by barbed wire and constructed a room; the plaintiffs have been ready and willing to get the sale deed executed in their favour; after the restriction was removed on 23.12.1992 the plaintiffs requested the defendant to obtain sanad and get the sale deed registered; the defendant avoided obtaining sanad and after some time refused to do so; the plaintiffs are entitled to decree for specific performance; the defendant was bent upon transferring the land to somebody else and is threatening to dispossess the plaintiffs; ultimately, a decree for specific performance was sought.
(3.) A written statement was filed by the defendant and execution of the agreement was denied; it was also denied that possession of the land was handed over to the plaintiffs after receiving a sum of Rs. 25,000/-; other averments made in the plaint were also denied.;