BHAGCHAND JAIN Vs. PARWATI SHARMA

JUDGEMENT

(1.) Heard.

(2.) Challenge in this appeal is to the order dtd. 26/7/2016, passed by the Court of Additional District Judge, (FTC), Rajnandgaon (CG) in Civil Suit No.9-A/11, whereby the suit for specific performance of contract filed by the plaintiff was dismissed. The instant appeal is by the plaintiff/purchaser to the agreement.

(3.) The suit was filed on 31/3/2009 that the plaintiff entered into an agreement with Smt. Parwati Sharma for purchase of a land bearing Khasra No.274/8 and 274/13 total 16,000/- sq. feet, situated at Village Lakholi for consideration of Rs.97.00 Lakhs. The agreement of sale was executed on 3/12/2007 and earnest money of Rs.5.00 Lakhs was paid in cash thereafter on 8/12/2007 Rs.1,50,000.00 cash was paid and subsequently an amount of Rs.2,50,000.00 and Rs.1,00,000.00 was paid through cheque thereby total earnest money of Rs.10,00,000.00 was paid and according to the plaintiff, the sale was to be executed till 3/9/2008. As per plaintiff before such sale deed is executed, a month before the land was required to be demarcated and all the documents of title deed were required to be handed over. It was further agreed that part of the subject land since was occupied by Ashoka Transport, it was also decided to get such premises vacated from them. It was further agreed that since the land was adjacent to the National Highway it was agreed in case the part of land is acquired for construction of the Highway if any part of the land is released, then the condition of adjustment the amount of consideration was agreed. It was also agreed that if the land goes by measuring from 90 feet from the center of the road, then it would be the seller's liability. Further as per plaintiff it was agreed that from the date of agreement if seller is in need of money within a period of three months an amount of Rs.15.00 Lakhs would be paid and the rest of the amount would be paid at the time of registration of sale deed. The agreement was typed on 8/12/2007 wherein the receipt of Rs.5.00 Lakhs on 3/12/2007 was acknowledged. It further stated that in the agreement, the number of land was shown wrongly by typographic mistake and it was written as 278/8 and 274/13.