GAURI DEVI Vs. RAMDAS HADA

JUDGEMENT

(1.) Defendant and the plaintiff before the trial Court will be referred to in this appeal as the appellant and the respondent respectively, for convenience. It is further clarified that the defendant was the seller whereas the plaintiff was the purchaser of the suit property.

(2.) This is the first appeal under Sec. 96 of the Code of Civil Procedure, 1908 (for short "CPC") filed by the appellant/defendant being aggrieved by the judgment and decree dtd. 14/3/2013 passed by the Additional District Judge, Ambikapur, District Sarguja, CG (hereinafter referred to as the trial Court) in Civil Suit No. 4-A/2012 decreeing the suit of specific performance of the sale agreement in respect of the suit property bearing Khasra No. 1141/4, area 0.001 hectare situate at village Gudrigali, Sangam Chowk, Ambikapur and the shop constructed thereon (hereinafter referred to as suit property) directing the appellant to execute the sale deed in favour of the respondent within two months therefrom and get the remaining consideration amount from him. Trial Court also granted the decree of permanent injunction in favour of the respondent/plaintiff restraining the appellant/defendant from alienating the suit property to any person other than the respondent/plaintiff.

(3.) Facts of the case in short are that the respondent/plaintiff instituted a suit for specific performance of the agreement dtd. 6/5/2008 (Ex.P-1) entered into between the parties where appellant had agreed to sell the suit property in favour of the respondent for a consideration of Rs.1,48,300.00 and out of that the respondent had paid an amount of Rs.1,20,000.00 as advance. Appellant at the time of agreement is said to have assured the respondent to obtain requisite permission for sale from the Nazul Officer, Ambikapur and that the remaining consideration amount of Rs.28,300.00 was agreed to be paid by the respondent to the appellant at the time of execution of sale deed. The appellant made an application for permission before the concerned Nazul Officer which was registered as Revenue Case No. 87A/20(3) 07-08 but after the proceedings started, on 29/7/2008 she withdrew the application on the ground that the sale consideration agreed upon was Rs.05,00,000.00 and as the respondent wanted to pay just Rs.01,48,300.00, she opted for withdrawal of the application for permission of sale.