RAJ KUMAR VISHWAKARMA Vs. SURYA PRAKASH JACOB REDDY

JUDGEMENT

(1.) This is plaintiff's first appeal against the judgment and decree dated 3rd April, 2010 passed in Civil Suit No. 8 - A/2009 by the IXth Additional District Judge (FTC), Bilaspur dismissing plaintiff's suit. Facts of the case in brief are as under:-

(2.) The plaintiff filed a suit for specific performance of contract stating that the original defendant is owner of a house constructed over 2720 sq. ft. and open land measuring 1490 sq. ft. situated at Patwari Halka No. 22, Juma Bilaspur bearing Khasra No. 616/1 area 0.57. The plaintiff is residing in a part of the suit property since 1999 as tenant. The defendant entered into agreement of sale of the suit property for a consideration of Rs. 11,00,000/- and received Rs. 4,50,000/- from the plaintiff in installments and executed its receipts. Thereafter defendant received Rs. 1,25,000/- from the plaintiff, thus he received total Rs. 5,75,000/- and executed agreement to sell. As per terms of the agreement, the defendant had to execute registered sale deed in respect of suit property in favour of the plaintiff within a period of three years from the date of agreement after receiving remaining amount of consideration of Rs. 5,25,000/- from the plaintiff. The defendant due to increase in the price of the land does not want to sell the land to the plaintiff whereas the plaintiff has always been and is still ready and willing to perform essential terms of the contract which are to be performed by him.

(3.) The defendant filed written statement and denied execution of agreement to sell and receipt of Rs. 5,75,000/- as advance. It was stated that the agreement is forged and fabricated and it does not bear signature of defendant. The suit is barred by limitation and is not maintainable. The plaintiff is his tenant since 1998 and has stopped paying rent since 2005. The defendant has preferred a suit bearing C.S. No. 16-A/2006 against plaintiff for eviction and arrears of rent which is pending before the IIIrd Civil Judge Class -- I, Bilaspur. The plaintiff has also preferred a suit bearing No. 1-A/2006 against disconnection of electric connection which ended in compromise. A Criminal case is also pending in the court of Judicial Magistrate First Class, Bilaspur filed by the defendant against the plaintiff and his witnesses in relation to preparation of alleged forged and fabricated agreement of sale.