DIDAR SINGH SALUJA Vs. KAMAL SINGH CHOUHAN

JUDGEMENT

(1.) This second appeal has been preferred by the appellants/plaintiffs challenging the judgment & decree dtd. 16/2/2018 passed by learned District Judge, Hoshangabad in civil appeal no. 1-A/2015 affirming the judgment & decree dtd. 31/10/2014 passed by learned Second Civil Judge Class-1 Hoshangabad, in Civil Suit No.39-A/2013.

(2.) In short, the facts are that the plaintiffs instituted a suit on 30/7/2012 for specific performance of an agreement of sale dtd. 31/12/1991 (Ex.P/1) with regard to agricultural lands Khasra Nos. 445/6, 446, 447/2, 448/2, 449/2, 450/6, 451/5 and 451/10 total area 1.554 situated in Village Malakhedi, Tahsil and District Hoshangabad with the allegations that the plaintiffs entered into an agreement of sale to purchase the land in question after payment of advance amount of consideration of Rs.1,75,000.00. It is alleged that the sale deed was to be executed after demarcation of the land but the defendants' ascendant Lt. Damodar Prasad Yadav did not get the land demarcated, therefore, sale deed could not be executed and ultimately the plaintiffs after issuing notice in the year 2006, instituted the suit.

(3.) The defendants appeared and filed written statement denying the plaint allegations and contended that the plaintiffs have never been ready and willing to get executed the sale deed. After execution of the agreement in question and after receipt of notice, the defendants specifically denied from execution of any agreement of sale and the suit filed is clearly barred by limitation. With these contentions the suit was prayed to be dismissed.