(1.) The appellants/defendants have preferred this first appeal being aggrieved by the judgment and decree dated 11.12.1995 passed by District Judge, Raigarh in Civil Suit NO.19-A/1993, whereby the learned trial judge decreed the suit for specific performance in favour of respondents/plaintiffs.
(2.) Brief facts of the case are that the plaintiffs/respondents herein had filed a civil suit for specific performance of the contract on the ground that on 31.10.1986, Abdul Sattar, father of plaintiffs/respondents, entered into an agreement with the appellants/defendants for sale of suit property and it was agreed between the father of respondents and the appellants that the suit property situated at Khasra No.14/2, measuring 1245 sq.ft shall be sold in favour of father of respondents Abdul Sattar for consideration of Rs.1,00,000/-(Rs. One Lac only) and on the date of agreement, as a part performance of the contract, Rs.20,000/- was paid by Abdul Sattar as advance. It was also agreed between the parties that rest of the amount shall be paid within a period of three months and, thereafter, the appellants shall execute registered sale deed in favour of Abdul Sattar. It was alleged that late Abdul Sattar was always willing and ready to perform his part of the agreement but the appellant refused to execute the sale deed. Further case is that after the death of Abdul Sattar, on 15.06.1990, the appellants again received Rs.40,000/- towards the same agreement and, thereafter, did not execute the sale deed. Therefore, the suit for specific performance of the contract had been filed by the respondents/plaintiffs.
(3.) The defendants/appellants, in written statement, had admitted the fact of execution of agreement dated 31.10.1986, but it was specifically pleaded by the appellants/defendants that late Abdul Sattar was never ready and willing to perform his part of agreement. There was specific condition in the agreement that if the balance amount of Rs.80,000/- is not paid within a period of three months, the amount of Rs.20,000/- paid in advance towards the consideration shall be forfeited and it would at the option of the appellant whether to execute the sale deed or not. The suit for specific performance of the contract was filed on 14.06.1993 but the court fees was not paid. The court fees was paid on subsequent date i.e. on 17.06.1993. The trial Court never passed any order condoning the delay for payment of court fees and, therefore, it would be deemed that properly constituted plaint was filed on 17.06.1993. The learned trial Court, after hearing both the parties and considering the documentary evidence, has decreed the suit and directed to execute the sale deed in favour of respondents/plaintiffs after receiving the balance amount of Rs.40,000/-, failing which the Court shall execute the decree on payment of Rs.40,000/- by the respondents/plaintiffs. Hence, this appeal by the appellants/defendants.