- (1.) This appeal u/S. 96, CPC, is directed against the judgment and decree dated 27-2-1986 passed by the learned Additional District and Sessions Judge No. 1, Alwar, decreeing the Civil Suit No. 48/82 filed by plaintiff Prem Prakash seeking specific performance of the Agreement to Sell dated 6-11-1978 by which defendant-Lahiri agreed to sell his 1/4th share of the agricultural land, as specified in the plaint as well as in the impugned judgment, to the plaintiff for a sum of Rs. 13,000/- under which an advance of Rs. 2,000/- was paid to the defendant and the said Agreement Ex. 1 was executed on a stamp paper which was duly notarised.
(2.) According to the plaintiff, when the defendant refused to execute the sale deed though the plaintiff expressed his readiness and willingness to perform his part of the contract and pay the balance amount under the said agreement of Rs. 11,000/-, the plaintiff preferred the present suit seeking specific performance of the contract.
(3.) On the basis of the pleadings of the parties, the learned trial Court framed the following issues : (i) Whether the defendant had agreed to sell the disputed land described in para No. 1 of the plaint on 6-11-1978 for a sum of Rs. 13,000/- against which the defendant received an advance amount of Rs. 2000/- from the plaintiff and executed the agreement to sell in favour of the plaintiff ? (ii) Whether the plaintiff is entitled to receive damages to the extent of Rs. 4,000/- from the defendant as an alternative to the specific performance ? (iii) Relief.;