CHUMAN SAHU Vs. GHANSHYAM SAHU

JUDGEMENT

(1.) Appellant/defendant No.1 has filed this appeal challenging legality and sustainability of judgment and decree dtd. 15/9/2016 passed by learned Additional District Judge, Sarangarh, District- Raigarh in Civil Suit No.13-A/2015 whereby learned trial Court has allowed Civil Suit filed by respondent No.1/plaintiff in part.

(2.) Facts relevant for disposal of this appeal are that respondent No.1/plaintiff filed a civil suit under heading- "suit for specific performance of contract", pleading therein that defendant No.1/appellant herein was having a house and land at Village- Lendhra (Chhote), Tahsil- Sarangarh, District - Raigarh. House contains of two rooms, one kitchen and one verandah. Appellant /defendant No.1 when came in need of money had taken hand loan of Rs.2,21,000.00 from plaintiff/respondent No.1 on 21/7/2014 in cash with commitment that loan will be returned back within three months. At that time, he also entered into an agreement and in the agreement, it was pleaded that if the loan amount as obtained by him is not returned, plaintiff will be entitled to file proceedings before the Court of competent jurisdiction for refund of amount and in failure to return the amount can get possession of the house subject matter of agreement by getting sale deed executed. Document dtd. 21/7/2014 was executed in front of witnesses. When even after several demands made by plaintiff, amount was not returned back, legal notice was sent through his Advocate on 13/4/2015 which was received by defendant No.1 on 15/4/2015. Thereafter civil suit was filed with a prayer that plaintiff be provided Rs.2,21,000.00 from defendant after recovering it from him or in alternate, to get the registered sale deed executed in favour of plaintiff of the house subject matter of suit situated at Village- Lendhra. It was further prayed that possession of the suit house be also provided after execution of sale deed.

(3.) Defendant submitted written statement to the pleadings made by plaintiff and had denied all adverse pleadings made therein. It was pleaded that in the house situated at Village- Lendhra (Chhote), defendant No.1 resides along with his other brothers separately. He had denied of obtaining hand loan of Rs.2,21,000.00 from plaintiff and has also denied the alleged commitment of returning amount after three months. Agreement is stated to be forged and fabricated.