HALDHAR PATEL Vs. P.S. THAKUR

JUDGEMENT

(1.) This is defendants' first appeal filed under Section 96 of Code of Civil Procedure, 1908, against the judgment and decree dated 03.07.2007, passed by the District Judge, Dhamtari, in Civil Suit No. 6-A/2006. Brief facts of the case are that, Plaintiff filed a suit for specific performance of contract against the defendants. According to plaintiff, he entered into an agreement of sale (Ex. P-1) with respect to the land bearing Khasra No. 1048, area 0.35 dismal, Patwari Halka No. 16 situated at Baniyapara Ward, Dhamtari (C.G.) with the respondents for a sale consideration of Rs. 1,50,000/- on 16.5.2003 and paid Rs. 1,00,000/- as earnest money. As per the terms of the contract, the defendants have to execute the sale deed within a period of 18 months from the date of execution of agreement after receiving balance consideration at the time of registration. When he learnt, defendants are trying to sell the same to some other person, he raised his objection and issued notices, demanding execution of sale deed in terms of the contract but the defendants did not execute the sale deed in his favour, hence, he filed a suit for specific performance of the contract and in the alternative for refund of earnest money of Rs. 1,00,000/- with interest.

(2.) By filing written statement, defendants denied execution of agreement of sale, receipt of earnest money of Rs. 1,00,000/- and pleaded defendants No. 1 & 2 had taken a loan of Rs. 40,000/- in security thereof, the respondent No. 1/ plaintiff obtained their signatures on blank papers and are dishonestly using the same as agreement of sale. It was further pleaded dispute arose when plaintiff demanded Rs. 80,000/- in lieu of loan of Rs. 40,000/- which in fact they have repaid.

(3.) The trial Court, dismissed the suit so far as specific performance of the contract holding : transaction as loan transaction but decreed the suit for refund of earnest money of Rs. 1,00,000/- with interest. Hence, this appeal.