RAM ASHRA NAMMU SAHU Vs. CHANDRIKA PRASAD

JUDGEMENT

(1.) This is plaintiff's second appeal filed under Section 100 of the Code of Civil Procedure, 1908 (for short "the CPC") against the judgment and decree dated 19th August, 1998 passed by the Additional District Judge, Dhamtari in Civil Appeal No. 31-A/1992 reversing the judgment and decree dated 19-8-1992 passed by the Civil Judge, Class I, Dhamtari in Civil Suit No. 57-A/1986. The plaintiff filed a suit for specific performance of oral contract of sale with regard to suit land bearing Kh. No. 261/1 area 0.82 acres, said to be executed between the parties in the year 1981, for a sale consideration of Rs. 2603/-, out of which, Rs. 2200/- has been paid by him as earnest money.

(2.) It is the plaintiff's case that as per agreement, the sale deed was to be executed within a period of one month from the date of execution of agreement. However, as defendant No. 1, being teacher, was not living in the village, the other defendants handed over him possession of the suit land and have stated that whenever defendant No. 1 will come to the village, they will execute the sale deed after taking balance sale consideration of Rs. 403/- from him.

(3.) The suit was decreed by the Trial Court. However, the first appeal preferred by the defendants, was allowed by the First Appellate Court dismissing the plaintiff's suit. Hence, this appeal.