NITENDRA KUMAR AWASTHI Vs. KAMAL KISHORE CHHABRA

JUDGEMENT

(1.) Challenge in this appeal is to the judgment and decree dtd. 20/1/2017 passed by the Fifth Additional District Judge, Bilaspur, in civil suit No.354-A/2014 whereby the suit for specific performance was decreed in favour of the respondent/plaintiff.

(2.) The instant appeal is by the legal heirs of original seller namely; Late Heeralal Awasthi (died on 14/10/2012), who entered into an agreement for sale of a land to the plaintiff/respondent No.1.

(3.) The suit was filed by the plaintiff against the legal heirs of Heeralal Awasthi (since deceased). The suit having been decreed in favour of the plaintiff, the instant appeal is by the legal heirs of Heeralal. The plaintiff Kamal Kishore Chhabra filed a suit for specific performance of contract against the legal heirs of Heeralal, pleading, inter alia, that on 3/10/2011 the plaintiff entered into an agreement with Heeralal to purchase the plot bearing No.21 & 22/2 admeasuring 629 sq.ft. for a sale consideration of Rs.16,94,000.00. Late Heeralal wanted to sell the property and in lieu thereof part performance amount of Rs.2.00 lacs was received and thereafter an agreement was executed. Subsequently, Heeralal died on 14/10/2012 and the names of legal heirs of Heeralal were subsequently recorded in the nazul records in the year 2014. After the names of legal heirs were recorded, since sale deed was not being executed as per terms of the agreement, a legal notice was served through the counsel to get the sale deed registered, but eventually the sale deed having not been executed the suit for specific performance was filed. Plaintiff pleaded that he was ready and willing to perform his part of contract but because from initial stage Heeralal was not keeping well, as such, sale deed could not be executed. It was stated that since the legal heirs failed to execute the sale deed, the plaintiff raised a doubt that they wanted to usurp the amount of Rs.2.00 lacs, as such, the suit was filed.