KRISHNA DEVI AGRAWAL Vs. VISHNU SONI

JUDGEMENT

(1.) The plaintiff/appellant has preferred this first appeal being aggrieved by the judgment and decree dtd. 5/12/2018 passed by 1st Additional District Judge, Raigarh (C.G.), in Civil Suit No.12-A/2014, whereby the suit filed by the plaintiff/appellant herein for specific performance of contract was dismissed. The parties to this appeal shall be referred herein as per their description before the learned trial Court.

(2.) Brief facts of the case, as per the plaint averments, are that on 17/10/2010, defendant No.1 executed an agreement to sell of land bearing Kh. No.2/10/1(5/5/2) area 0.117 hectare, 12585 sq.ft., P.H. No.13 situated at village Baikunthpur, Tahsil and District Raigarh (C.G.) (for short 'the suit land') which was in his possession for sale consideration of Rs.438.00 per sq. ft. and received Rs.10,00,000.00 as earnest money from the plaintiff, and it was agreed between the parties that the sale deed would be executed after receiving balance consideration from the plaintiff till 15/1/2011. It was pleaded in the plaint that the plaintiff requested the defendant No.1 many times to receive balance sale consideration of Rs.45,12,230.00 and execute the sale deed, but it was told by the defendant No.1 that he would inform the plaintiff after receiving map and photocopy of sale. It was also pleaded that the plaintiff was always ready and willing to perform his part of contract and comply with the contract dtd. 17/10/2010. The plaintiff also sent a notice to defendant No.1 on 14/10/2013 through his Advocate, and on receipt of notice, the defendant No.1 assured the plaintiff that he would obtain copy of sale and map and get the sale deed executed within one month, but till date the defendant No.1 did not comply with it. Therefore, the suit for specific performance of contract was filed by the plaintiff.

(3.) The defendant No. 01 has filed written statement to the effect that defendant No.1 has not executed agreement dtd. 17/10/2010 with the plaintiff with regard to the suit property and he has not received Rs.10,00,000.00 as advance from the plaintiff. It was also averred that the defendant No.1 has not executed any agreement or any deal with the plaintiff. There is no cause of action in the suit. The suit is time barred and no ad valorem court fee has been paid, therefore, the suit is liable to be dismissed.