Suit for specific performance – Immovable property – Considering the fact that the agreement in question was executed in the year 2000 and the sale deed was got executed through Court Commissioner in the year 2008, and that this appeal is being decided in 2022, the Court deems it proper to direct the respondent-plaintiff to pay a reasonable amount over and above the amount already deposited by him towards the sale consideration – Though the appellant has urged that the present market value of the suit land is Rs. 22 lac per acre as per the circle rate, and therefore the respondent be directed to pay accordingly, the said submission cannot be accepted, for the simple reason that the appellant had not handed over the possession of the said suit land to the respondent though the sale deed was got executed through Court Commissioner as back as in 2008, and the respondent had also deposited the balance amount of the sale consideration as directed by the Trial Court – interest of justice would be served if the respondent is directed to deposit a further sum of Rs. 6 lakhs before the Trial Court.
2022 SCeJ 0516 , 2022 PLRonline 2705
