PARMESHWAR Vs. PUNIDAS

JUDGEMENT

(1.) By this second appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for short 'CPC'), the Appellants have challenged the legality and propriety of the judgment and decree dated 27.2.1991 passed by the 1st Additional Sessions Judge, Raigarh, in Civil Appeal No. 9A/88, reversing the judgment and decree dated 8.4.88 passed of the 3rd Civil Judge Class-II, Raigarh, in Civil Suit No. 30A/86.

(2.) The present second appeal is admitted for consideration on the following substantial question of law:

(3.) As per pleadings of the parties, original Defendant Govindsingh has entered into an agreement to sale his land admeasuring 13 decimal bearing khasra No. 5 situated at Mitthumoda, Raigarh on consideration of Rs. 3,000/-. Agreement was oral. In pursuant to the agreement, Rs. 200/- and Rs. 320/- was paid to Govindsingh vide Exs.P/1 and P/2. Rs. 50/- was directed as measurement charge and subsequently, Rs. 2500/- was paid in five installments of Rs. 500/- by Plaintiff Punidas. Possession was handed over by original Defendant to Plaintiff/Respondent No. 1 herein. Respondent No. 1 has requested for execution of documents, but Govindsingh had not executed any document. After serving notice, suit for specific performance of the contract was flied against Govindsingh by the Plaintiff/Respondent No. 1. By filing written statement, original Defendant Govindsingh has denied the contract, but has specifically pleaded that he has agreed to sale 0.02 decimal of the land bearing khasra No. 3 to Respondent No. 1 on consideration of Rs. 3000/- and has received Rs. 320/-. Respondent No. 1 has not paid balance amount, therefore, he is not entitled for specific performance of the contract relating to even khasra No. 3 area 0.02 decimal.