GOVERDHAN SAHU Vs. CHHAGAN LAL SAHU

JUDGEMENT

(1.) The defendants have filed this appeal under Sec. 96 of the Code of Civil Procedure, 1908 (for short 'the Code') against the judgment and decree dtd. 25/2/2003 passed by the 2nd Additional District Judge, Mahasamund in Civil Suit No. 9-A/2002 whereby the plaintiff's suit for specific performance of contract has been decreed in part by awarding him the refund of earnest money of Rs.45,000.00. That is the finding which has been assailed by the defendants before this Court.

(2.) Brief facts of the case, as projected before the Court below, are that the plaintiff - Chhagan Lal Sahu has instituted a suit for specific performance of contract on the basis of registered agreement to sell dtd. 26/5/2000 (Ex.P.1) purported to have been executed by the defendants - Goverdhan Sahu and Smt. Sohadra Bai in his favour. It is pleaded that as per the said agreement to sell, the property in question bearing Kh.No. 983 area 0.52 hectares was required to be alienated for a sum of Rs.62,000.00 by 31/12/2000. It is put forth in the plaint that the plaintiff has been continuously making requests to the defendants to execute the registered deed of sale in pursuance of the said agreement (Ex.P.1) and when the defendants declined in executing the sale deed in pursuance of the aforesaid agreement (Ex.P.1), the plaintiff immediately sent a notice (Ex.P.2) to the defendants requesting them to get the sale deed registered, as per the terms and conditions stipulated in the agreement to sell (Ex.P.1) dtd. 26/5/2000. Despite of all these efforts, the defendants have not executed a registered deed of sale, therefore, the plaintiff has been constrained to file the suit in the instant nature.

(3.) The defendants have contested the aforesaid claim of the plaintiff denying the execution of the alleged agreement to sell and pleaded that they have not received any earnest amount of Rs.45,000.00 under the said agreement.