MOHAMMAD ALFAF MEMON Vs. PHANINDRA BHARAT

JUDGEMENT

(1.) The defendant No.1/appellant herein has filed this appeal being aggrieved by judgment and decree dtd. 9/9/2015 passed by II Additional District Judge, Bastar at Jagdalpur, in Civil Suit No.06A/2014, whereby the learned trial Court decreed the suit for declaration and injunction in favour of plaintiff/respondent No.1 herein.

(2.) Before the learned trial Court, this is an admitted fact that on 25/2/2012, an agreement for sale of suit property was executed between plaintiff/respondent No.1 and defendant No.1/appellant. On 25/2/2012, the plaintiff received Rs.4,89,000.00 by cheque and Rs.11,000.00 in cash as advance by defendant No.1/appellant.

(3.) Brief facts of the case are that plaintiff/respondent No.1 herein filed a suit for declaration and injunction in respect of property bearing Kh. No.33 and 62 total area 8.60 hectare situates at village Piplawand, District Bastar (C.G.). The declaration was sought to the effect that the sale deed dtd. 30/8/2012 be declared null and void and the injunction be issued defendant and he be restrained from creating third party interest and from dispossessing the plaintiff and the mutation of the defendant No.1/appellant be set aside. The claim in the suit was based inter-alia on the allegation that on 25/2/2015 plaintiff/respondent No.1 entered into an agreement with defendant No.1/appellant for sale of the property in question for consideration of Rs.19,72,000.00. It was alleged that the amount to the tune of Rs.5,00,000.00 was paid as a part performance and the remaining amount was paid by the defendant No.1/appellant through cheque bearing No.000006 dtd. 1/3/2013, but the said cheque could not be encashed due to stop payment and meanwhile the registered sale deed has been executed without full payment of the amount of the consideration. It was alleged that defendant No.1 by playing fraud got executed the sale deed in his favour. Despite of repeated reminders the balance amount has not been paid. Accordingly, the suit was filed for declaration and injunction.