AMAN SINGH CHANDRAKAR Vs. HARSHWARDHAN TIWARI

JUDGEMENT

(1.) This appeal arises from a suit for specific performance of a contract for sale of immovable property. Exercising discretion in terms of the provisions of the Specific Relief Act, the Court below concluded that the Plaintiff was entitled only to a decree for return of advance. It quantified such amount due as at Rs. 7,24,000 and granted a decree for return of advance with interest at the rate of 6% per annum.

(2.) We have heard the learned counsel for the AppellantsDefendant and the learned counsel for the RespondentPlaintiff.

(3.) In this appeal by the AppellantDefendant, the plea is that the Defendant has paid off the amount received by him and found by the Court below as advance. The case set up by the Defendant is that the amounts were actually borrowed and were returned from time to time. Thus, what was raised before the Court below by the Defendant was the plea of discharge against the advance shown in the contract for sale. So much so, the burden of proof of discharge rested squarely on the Defendant.