MOTILAL SONKAR Vs. SANAT KUMAR SONKAR

JUDGEMENT

(1.) This first appeal is directed against the judgment and decree dated 26 August, 2004 passed in Civil Suit No. 3-A of 2004 by the 8th Additional District Judge, Raipur whereby the suit of the Respondent/Plaintiff was allowed.

(2.) It is not disputed that there was agreement to sell the land between the Appellants/Defendants and Respondent/Plaintiff over the suit land. It is also not in dispute that Appellants have received consideration in advance.

(3.) Brief facts, in nutshell, for disposal of this case are that the Appellants/Defendants are the landlords of agricultural land bearing Kh. No. 1485/4 area 1.748, Patwari Halka Number 105 situate at Bhatgaon, District Raipur (for short 'the suit land'). The Appellants/Defendants have executed an agreement Ex. P.1 dated 24.03.2002 by virtue of which the Appellants/Defendants agreed to sell the suit land to the Respondent/Plaintiff for a consideration of Rs. 5,37,000/- and out of which a sum of Rs. 60,500/- was given to the Respondents on 24.03.2002. In agreement paragraph 5, it has been stated that as and when the Respondents are in need of money, the Defendant shall pay them. On the basis of condition, the Defendant paid them a sum of Rs. 3,46,910/- from time to time. It is also pleaded that as a matter of fact the suit land was heath land and the Defendant had to spent a sum of Rs. 7,200/- in diverting the heath land to agricultural land. When on 27.03.2002 the Respondent asked for receipt of Rs. 20,000/-, which was given to the Appellants/Defendants on 23.03.2003, the Defendants denied and threatened the Respondent herein that they would increase the cost of land. Ultimately, after 2-3 days on 27.03.2003 the Defendant No. 1 threatened the Respondent to dispossess him from the suit land. Apprehending the issuance of threat, the Respondent/Plaintiff filed a suit before the Court of 8th Additional District Judge, Raipur praying for declaring the suit land in possession of the Plaintiff and permanent injunction.