MOHAMMAD YUSUF RAJA Vs. AZIZ KHAN

JUDGEMENT

(1.) THIS appeal has been filed under Section 96 read with Order 41 Rule 1 of the Code of Civil Procedure, 1908 (for short 'the CPC) against the impugned judgment and decree dated 06-08-2010 passed by Tenth Additional District Judge, (F.T.C.), Raipur (C.G.) in Civil Suit No. 18-A/2005 whereby and whereunder the suit filed by the appellant/ plaintiff for specific performance of contract of sale has been dismissed.

(2.) ALL the facts are disputed. The appellant/plaintiff s case in brief is that the respondents/defendants had entered into an agreement of sale with the appellant/plaintiff on 04-11-1999 in respect of the suit house in village Teiibandha, Guru Ghasidas Ward, bearing Khasra No. 189/7, Plot No. 42, area 1404 Sq. ft. for Rs.8,00,000/- and air agreement of sale was executed on the same date and the entire amount of Rs.8,00,000/- was paid to the respondents by the appellant/ plaintiff in presence of the witnesses. The agreement of sale was got registered and it was agreed upon that as the respondents had taken loan from tire bank on account of which the documents of the suit house were pledged with the bank, and therefore, the respondents will get the said documents released from the bank and after obtaining no dues certificate as well as certificate under Section 230 of the Income Tax Act, 1961 (for short the Act, 1961") that the sale deed will be executed and registered at the expenses of the appellant/ plaintiff within a period of eight months which in extreme circumstances would be extendable for a further period of four months. On the execution of the agreement of sale Ex. P-l that the possession of the suit house was delivered to the appellant/ plaintiff by the respondents after which a portion of the house was let out on rent by the appellant to the respondents on a monthly rent of Rs. 16,000/-and the remaining portion of the house was in possession of the appellant who had locked that portion.

(3.) AFTER this, the appellant/plaintiff filed a suit for declaring the respondents as his tenants in the suit house and for injunction restraining them from creating third party interest over the suit house, During pendency of the civil suit No.63-A/ 2001 before the 5th Civil Judge, Class-2, Raipur, the respondents after breaking upon the lock took forcible possession of that portion of the suit house which was in possession of the appellant On learning this, the appellant tried to lodge a FIR at the concerned Police Station but the police refused to register the P.I.R. After this, the second civil suit was filed for eviction, arrears of rent and damages. After that the present suit for specific performance was filed on 17-10-2002.