Law:

Section:

Specific Relief Act (I of 1877)-------S. 12---Suit for specific performance of agreement of sale---Plaintiff by producing oral as well as documentary evidence on record had proved execution of agreement of sale by defendant and receipt of earnest , money---Defendant had also admitted execution of agreement of sale in favour of plaintiff and receipt of earnest money and that on his request, plaintiff had extended date for performance of agreement---Pending suit another person claimed that prior to the plaintiff he had entered into agreement of sale of suit property with the defendant---Said other person had also filed suit for specific performance of agreement---Trial Court consolidated two suits and after recording evidence. decreed suit filed by plaintiff and dismissed suit filed by the other person---Appellate Court also dismissed suit filed by said other person and upheld and decree of Trial Court---Plea of plaintiff. that agreement of sale allegedly executed in favour of said other person had been fabricated to defeat his suit, found support from evidence on record and Courts below in circumstances had rightly decreed the suit filed by plaintiff and dismissed the suit filed by said other person. Abdul Aziz Qureshi for Appellant. Date of hearing: 1st August, 2002. ORDER This order shall dispose of R.S.A. No.49 of 1997 as also R.S.A. No.52 of 1997 as both these appeals proceed against a common judgment. 2. On 14-3,1981 respondent No. 1 filed a suit against respondent No.2. In the plaint it was stated that respondent No.2 has agreed to sell the said shops to respondent No.1 for a consideration of Rs.1,00,0.00. A Out of this amount a sum of Rs.20,000 was paid by means of a cheque and Rs.5,000 in cash by way of earnest money and respondent No.2 executed agreement dated 17-4-1980, agreeing to deliver the vacant possession of the shops to respondent No.1 and to execute its sale-deed before 16-10-1980; that on 16-10-1980 respondent No.2 did not turn up whereas respondent No.1 did present himself in the office of the Sub ­Registrar, that on 25-10-1980 respondent No.2 informed the first respondent that since he has not been able to obtain possession the date for…

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