JITENDRA KUMAR SAHU Vs. KISHAN CHAND PANJWANI

JUDGEMENT

(1.) This appeal is directed against impugned judgment and decree dtd. 20/11/2017 passed by the District Judge in Civil Suit No.46-A/2012 by which, the learned Trial Court has granted decree of specific performance in favour of the respondent / plaintiff.

(2.) The plaintiff filed a suit seeking decree of specific performance of contract on the pleadings inter alia that the defendant - Jitendra Kumar Sahu entered into agreement to sell his house and shop on 22/03/2012, with the plaintiff. Further pleading was that an advance of Rs.2.00 lakhs was paid. Further pleading was that on 10/04/2012, again, the plaintiff paid another Rs.2.00 lakhs and thus, advance of Rs.4.00 lakhs was paid. Though, the agreement was required to be executed within six months, on plaintiff approaching defendant, the defendant started avoiding. A registered notice was given and message was also communicated but as the defendant was avoiding to execute the sale deed and intending to sell his property on higher consideration, the plaintiff filed suit for grant of decree.

(3.) The defendant initially came out with a case that he does not know the plaintiff. According to him, he is a drunkard and once, a property broker - Mukesh Soni assured him to get loan released and on his assurance, he obtained his signature on blank papers and two photographs and property papers from the defendant. The defendant never entered into agreement nor received any advance. Further case of the defendant was that the property in dispute did not exclusively belong to him. It was his father's property which was given to him to maintain his family. According to the defendant, in the property, his sister is also a partner and infact, she has filed suit seeking partition. On such pleadings, the plaintiff's claim was denied.