KESHAR BAI Vs. VIJAY KUMAR AGRAWAL

JUDGEMENT

(1.) The instant First Appeal has been filed by the appellant/defendant under Sec. 96 of the Code of Civil Procedure, 1908 challenging the order dated 31/03/2006 (Annexure A/1) passed by learned Fourth Additional District Judge (Fast Track Court) Raigarh (C.G.) in Civil Suit 10A/2004 (Vijay Kumar Agrawal Vs. Smt. Kesharbai Kalar and another) whereby decree was passed in favour of respondent No. 1 and the appellant was directed to pay Rs. 80,000.00 along with interest @ 12% per annum from 20/09/2001 till actual payment is paid by the appellant.

(2.) The brief facts, as reflected from record, are that the respondent No. 1/plaintiff has filed a Civil Suit No. 10A/2004 for specific performance of contract and for grant of permanent injunction contending that the plaintiff has executed an agreement with defendant No. 1 to purchase the suit land total 19 Nos. Khasra, area admeasuring 3.064 Hectare situated at Village- Sodka, Patwari Halka No. 17, Tahsil- Kharsiya, District- Raigarh for Rs. 80,000.00 per acre vide agreement dated 20/09/2001. The details of the suit land are mentioned in Schedule-A of the plaint. On the date of agreement i.e. on 20/09/2001, plaintiff/ respondent No. 1 has given Rs. 80,000.00 to the appellant and she has given assurance that she will execute the sale deed within one year. The respondent No. 1 has made attempt for many times for his part of specific performance of contract, but the appellant/defendant for the reason best known to her, has tried to avoid.

(3.) The plaintiff was ready and willing to perform his part of contract, but the appellant/ defendant neither performed her part of contract nor returned the amount of Rs. 80,000.00 , which she has received towards advance, therefore, he has filed the civil suit for specific performance of the contract on 20/09/2001. The defendant has orally informed that her mother has not given any oral consent for sale of the property, as such, he has filed the civil suit for execution of 1/2 share of the appellant's land admeasuring 1.532 Hectare.