PHOOL SINGH SAHU Vs. PREETAM DEWANGAN

JUDGEMENT

(1.) Heard.

(2.) The present appeal is against the judgment and decree dtd. 28/11/2020 passed by the District Judge, Rajnandgaon (CG), in Civil Suit No.61-A/2014, whereby, a suit filed for Specific Performance of the Contract was dismissed. Therefore, the appellants/plaintiffs are before this Court.

(3.) A Civil Suit was filed with a pleading that the defendants owns a land bearing Khasra No.459 admeasuring 0.07/2 decimal, wherein, three shops of 33 x 11 feet in size exists. The defendants agreed to sell the same and entered into an agreement on 18/10/2013 for a sale consideration of Rs.10,21,000.00 and at the time of execution, Rs.1,00,000.00 was paid as earnest money. Subsequently, an amount of Rs.50,000.00 was paid on 8/2/2014, on 4/3/2014 another payment of Rs.1,00,000.00 was made and on 5/9/2014 a sum of Rs.50,000.00 was further paid towards the sale consideration. It was not in dispute that on the date of agreement, in the suit property, name of the father of the defendants was mutated. Since he had died, as such, it was agreed between the parties that after the names of the defendants as a legal heir are recorded, the sale deed would be registered. The sale-deed having not been registered, a legal notice was served to the defendants on 5/11/2014, which was replied by the defendants and it was stated that by efflux of time, the agreement has come to an end and the defendants failed to register the sale-deed. The agreement further postulates that in January, 2014, Rs.1,00,000.00 would be paid and thereafter after the Holi Festival of 2014, Rs.4,00,000.00 would be paid and the rest of the amount would be paid within 1 year from the date of agreement of 18/10/2013. The plaintiffs stated that the defendants did not inform the correction of the mutation of their names in the revenue records, as such, they were not in know of the fact for execution of the sale deed. The plaintiffs further stated that the amount of sale consideration was agreed to be settled after the demarcation of the suit property but the suit property was never demarcated and on some pretext or other, the defendants avoided to execute the sale deed, therefore, eventually the suit was filed.