DIWAKAR MULLICK Vs. GANGA KHANDELWAL AND ORS.

JUDGEMENT

(1.) The present appeal under Sec. 96 of Code of Civil Procedure has been preferred against the judgment and decree passed in Civil Suit No. 7 -A/2005 dated 24 -10 -2007 by the District Judge, Rajnandgaon. The brief facts relevant for adjudication of the First Appeal is that the Appellant -Plaintiff Diwakar Mullick had filed a suit for specific performance seeking enforcement of an oral agreement for sale in pursuance of which a money receipt dated 30 -3 -2005 was issued in part payment and also sought relief of permanent injunction. The dispute pertains to 1500 Sq. ft. land situating in Sheet No. 48, Plot No. 52 in Ramadhin Marg, Rajnandgaon (hereinafter referred as suit property).

(2.) The Appellant -Plaintiff admittedly is a tenant of the Defendants. The suit property devolved upon Defendant No. 2, who is an old bedridden widow, by a testamentary disposition executed in her favour by her late husband. Defendant No. 1 is the physically challenged daughter of Defendant No. 2.

(3.) According to the plaintiff he had made an offer/proposal on 30 -3 -2005 to the Defendants for purchasing the suit property which was acceptable to the defendants and an oral agreement was arrived at between the plaintiff and defendants for the sale of the suit property for a consideration of Rs. 9,00,000/ -. On the basis of the oral agreement arrived at between the parties on 30 -3 -2005 as an acceptance to the agreement the plaintiff gave an amount of Rs. 11,000/ - towards advance and it was agreed that the balance of Rs. 8.89 Lakh shall be paid in the Office of the Dy. Registrar at the time of execution of the sale deed. The defendants issued a money receipt (Exhibit P/2) acknowledging receipt of Rs. 11000/ - towards advance on 30 -3 -2005 itself. As per the plaintiff the defendants had to get the sale deed executed within a period of four months from 30 -3 -2005 i.e. by 30 -7 -2005.