ALOK SHARMA,J. - (1.) Vide judgment and decree dated 3.8.2009, the Addl. District Judge No. 6, Jaipur City, Jaipur (hereafter ADJ) decreed the respondent-plaintiff's suit for specific performance as under: ...[VERNACULAR TEXT OMITTED]...
(2.) Admittedly the amount of Rs. 1,11,000/- with interest @ 1 1/2 % per month was not paid within two months. Resultantly in terms of the final judgment and decree dated 3.8.2009 the plaintiff in the suit became entitled to possession of the suit property.
(3.) Briefly stated the background facts of the case are that the respondentplaintiffdecree holder (hereafter 'plaintiff/decree holder') filed a suit against the respondentdefendantjudgment debtor (hereafter 'defendant/judgment debtor') for specific performance of the agreement to sell dated 11.8.20005 or in the alternative seeking declaration of ownership and possession of the Plot No. 19, admeasuring 200 sq. yards in Bal Vihar, Kalyanpura, Tehsil Sanganer, District Jaipur (hereafter 'suit property'). It was stated that in the first instance on 24.1.2005, the plaintiff had executed an agreement to sell, power of attorney and Will in favour of defendant in respect of the suit property. The aforesaid documents executed on 24.1.2005 having erroneously recorded that the vendor had received the entire sale consideration of Rs. 1,60,000/-, it was subsequently modified by agreement dated 11.8.2005 where under against the consideration of Rs. 1,60,000/-, a sum of Rs. 49,000/- was stated to have been receipted and the outstanding amount of Rs. 1,11,000/- along with interest @ 18% per annum was to be paid by the defendant to the plaintiff within seven months following which a registered sale deed in regard to the suit property was to be executed in his favour. It was submitted that despite the agreement dated 11.8.2005, the defendant had paid the outstanding sale consideration of Rs. 1,11,000/- along with agreed interest thereon, consequent to which the sale deed in respect of suit property could be executed and registered in his favour. It was submitted that at all times the plaintiff was willing to execute a sale deed qua the suit property and registered it in favour of the defendant on payment of the due amount. Yet the defendant was ready and willing to discharge his part of the obligation under the agreement dated 11.8.2005 even while continuing to be in possession of the property. Resultantly on 27.3.2006, the plaintiff required his advocate to issue a registered notice to the defendant requiring him to discharge his obligation under the agreement dated 11.8.2005, but to no avail. Thereafter on 28.4.2006, a public notice was issued in Dainik Mahanagar Times, a vernacular paper edited from Jaipur, stating that the agreement to sell dated 11.8.2005 for reasons of failure of the defendant to discharge his obligation thereunder stood cancelled. It was submitted that despite the cancellation of the agreement dated 24.1.2005 for reason aforesaid, the defendant was seeking to sell the plot put in his possession by the plaintiff under the now cancelled agreement to sell, power of attorney and Will dated 24.1.2005 as also the subsequent agreement to sell dated 11.8.2005.;