1 S.B. Civil First Appeal No .106/2005 Makhan Singh vs Kartar Kuar Date of order : 9.10.2007 HON'BLE MR. PRAKASH TATIA, J. Mr.NS Acharaya,for the appellant. Mr.RK Singhal, for the respondent. <><><> This appeal has been preferred against the judgment and decree dated 10th March, 2005 in civil original suit no.22/2002 whereby the suit of the plaintiff was dismissed. The plaintiff-appellant filed the suit for specific performance of contract dated 2nd June, 1999 against the defendant-respondent. The said suit was dismissed by the trial court vide judgment and decree dated 10th Mach, 2005, hence, this appeal has been preferred by the plaintiff-appellant. The written compromise has been filed in the court by both the parties on 3rd Oct., 2007, which has been duly verified by the Registrar (Admn.), Rajasthan High Court, Jodhpur. Both the parties prayed that the appeal may be allowed and the suit of the plaintiff may be decreed in terms of the compromise dated 3rd Oct., 2007. Since the defendant agreed to transfer the land in question in favour of the plaintiff-appellant in 2 pursuance of the agreement to sell dated 2nd June, 1999, therefore, the appeal of the appellant is allowed. The judgment and decree of the trial court dated 10th March, 2005 is set aside. In view of the admission of the defendant-respondent that defendant- respondent received the entire consideration, now the defendant-respondent execute the sale deed in favour of plaintiff-appellant transferring the land situated in chak no.16-BB sq. no.9 : Killa No.1, 15 Biswa; Killa no.10 to 22, 1 Bigha each; Killa no.17, 5 Biswa: Totoal 4 Bigha Irrigated land in favour of the plaintiff appellant by registered sale deed within a period of two months from today. In case, the respondent-defendant failed to execute the sale deed in favour of the plaintiff-appellant within the aforesaid period, the plaintiff-appellant shall be entitled to execute the decree and get the sale deed registered in his favour through court. (PRAKASH TATIA), J. c.p.goyal/-