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Judgment
S.No.,Particulars of documents,Exhibition of documents
1,Site Plan,Ex.PW1/1
2.,Agreement to Sell dated 21.10.2004,Ex.PW1/2
3.,Receipts,Ex.PW1/3 & Ex.PW1/4
4.,Legal Notice dated 07.05.2005,Ex.PW1/5
5.,Copy of Telegram,Ex.PW1/6
6,Postal Receipt,Ex.PW1/7
7.,"Speed Post receipt, UPC mentioned as Ex.PW1/8 t
Ex.PW1/10",oDeleted as not filed on record
8.,Registered envelopes,Ex.PW1/11 and Ex.PW1/12
3.,"Sale Agreement dated 04.11.2004 between the
defendant no.2 and one Sh. Sanjay Sharma",Ex.DW1/3
4,"Payment receipt executed by Sh. Rajesh Kuma
Sharma.",rEx.DW1/4
5.,Local Commissioner’s report,Ex.PW1/D1
6.,Legal Notice dated 30.04.2005,Ex.DW1/5
7.,Postal receipt,Ex.DW1/6
8.,UPC Receipt,Ex.DW1/7
already stated above, this area claimed by the plaintiff No.1 has to be further conditioned by an area of 12 bighas which has already been sold to be",,
defendant No.3 under the sale deed dated 8.4.1988. In any case, I need not state anything further inasmuch as there is not a single piece of paper on",,
record or any credible evidence which proves the financial capacity of the plaintiff No.1. I accordingly hold that plaintiff No.1 has miserably failed to,,
prove his readiness to perform his obligations under the agreement to sell dated 27.8.1988. In fact, even willingness on the part of the plaintiff No.1 is",,
absent inasmuch as there is no certainty of any option exercised by the plaintiff No.1 as to specific area which the plaintiff No.1 seeks to purchase,",,
and which specific area had necessarily to be clear inasmuch as there is the issue of lessening the area whether on account of hutments or on account,,
of 12 bighas of land already purchased by the defendant No.3 vide sale deed dated 8.4.1988 and hence of clarity as to for what area and for what,,
price the agreement to sell has to go ahead.""",,
Therefore once the appellant/plaintiff failed to prove his readiness and willingness, and which is sine qua non as per Section 16(c) of the Specific",,
Relief Act, trial court was justified in dismissing the suit for specific performance. In fact, I may note that appellant/plaintiff is lucky that he has got an",,
extremely high rate of interest at 18% per annum with a money decree for the amount of Rs.7,10,000/- because courts these days grant interest",,
ordinarily between 9% to 12% per annum depending on facts of each case.,,
There is no merit in the appeal.,,
Dismissed.,,