- (1.) This first appeal is filed against the judgment and decree dated 6-9-80 passed by the learned District Judge, Pali whereby he decreed the Civil Original Suit No. 12/ 78 filed by the plaintiff-respondent for specific performance of contract dated 26-1-78.
(2.) Put the facts briefly are as follows:-
(3.) The plaintiff-respondent filed a suit against the defendant-appellant in the Court of District Judge, Pali for specific performance of contract executed between the patties (Ex. 3) on 26-1-78 on the ground, inter alia, that the defendant-appellant agreed to sell her house for Rs. 70,001.00-. The plaintiff-respondent paid a sum of Rs. 10,000.00 as earnest money on that day and remaining amount of Rs. 60,001.00 was agreed to be paid at the time of registration of the sale-deed. According to agreement to sell (Ex. 3) aforesaid, the defendant-appellant was required to execute the register the sale-deed by 10-4-78. It is stipulated in the aforesaid agreement between the parties that in case, the defendant-appellant commits breach of contract then she would return Rs. 10,000.00 received by her as earnest money and would also pay Rupees 10,000/- by way of damages to the plaintiff respondent. There is further stipulation in the aforesaid agreement between the parties that in case, the plaintiff-respondent commits breach of contract then the defendant-appellant would forfeit amount of earnest money advanced to her. It is pertinent to mention here that the amount to spent getting the conveyance executed was to be one by the plaintiff-respondent.;