MENKA GUPTA Vs. UMASHREE DEVI

JUDGEMENT

(1.) Leave granted. These appeals challenges the correctness of the judgment and order dated 13.08.2018 passed by High Court of judicature at Patna in CWJC No.11170 of 2010 and CWJC No.14075 of 2010.

(2.) Title Suit No.137/2007 was filed by the appellant in the Court of 1st Sub-Judge, District Siwan, seeking specific performance in respect of an oral agreement dated 10.10.2006. It was submitted that in pursuance of the agreement, a sum of Rs.50,000/- was made over to the original vendor and the plaintiff was put in partial possession of the suit property. It was further submitted that on 20.02.2007 the plaintiff had paid the balance sum of Rs.36,000/- in the Registrar's Office and all the formalities were completed but at the stage of signing the documents, the vendor pleaded some physical discomfort and as such, the document could not be executed and that thereafter the vendor avoided execution of the documents.

(3.) The summons issued by the Trial Court on 17.06.2007 in said Title Suit No.137/2007 were said to have been refused to be accepted by the defendant-original vendor. Subsequently, an ex parte decree was passed by the Trial Court on 31.03.2008 in said suit.