ISHWAR PRASAD KASHAYAP Vs. VINOD BANSOD

JUDGEMENT

(1.) This is the defendant's First Appeal under Section 96 of the Code of Civil Procedure (in short "the CPC") against the judgment and decree passed by the trial Court allowing the respondent/plaintiff's suit for specific performance. The suit property is a MIG house over 1500 sq. ft. of a plot at Rajkishore Nagar, P.S. Sarkanda, Tehsil and District Bilaspur (CG).

(2.) The appellant/defendant being the owner of the property executed an agreement -Ex.P/1 in favour of the plaintiff on 5.6.2010 agreeing to sell the property for a sum of Rs. 9 lakhs, out of which, Rs. 51,000/- was paid in advance by the respondent/plaintiff on the date of the agreement. According to the respondent/plaintiff, no time limit was fixed for execution of the sale-deed as stipulation in the original agreement would only provide that the registration shall be done as per consent and convenience of the parties. The plaintiff approached the Municipal Corporation, Bilaspur, for sanctioning 'No Objection Certificate' and 'Pre-registration Mutation' by paying Rs. 36,930/- for mutation, Rs. 1000/- towards publication fee and Rs. 1323/- towards premium. After obtaining the NOC, the plaintiff requested the defendant to execute the sale-deed but the defendant avoided on some pretext or the other even though the plaintiff was always ready and willing to perform his part of the contract by paying the sale consideration. The plaintiff claimed to have further paid an amount of Rs. 75,000/- on a subsequent date, however, the defendant is making effort to sell the property to some other person.

(3.) The defendant resisted the suit on pleadings that after execution of the agreement on 5.6.2010, the plaintiff did not take steps for execution of the sale-deed as he was running short of funds, therefore, another agreement was executed on 10.8.2011 stating that since the plaintiff has failed to get executed the sale-deed by 31.7.2011, the first agreement of 5.6.2010 is cancelled. The subsequent agreement between the parties was executed on 10.8.2011. The defendant denied to have received the additional amount of Rs. 75,000/-.