SUSHILA TRIPATHI Vs. ANURAG SINGHLABIC

JUDGEMENT

(1.) Trial Court has decreed the plaintiffs' suit for specific performance of agreement dated 22-9-2005 (Ex.P/1) and in the alternative for refund of the advance amount of Rs.5.00 lacs.

(2.) Defendant Smt. Sushila executed an agreement in favour of the original plaintiff namely; Yogeshwar Singh on 22-9-2005 for sale of land bearing khasra No.4130/2 area 0.05 acre situated at Patwari Halka No.41, Moiza Janjgir, District Janjgir-Champa together with six shops and received advance amount of Rs.5.00 lacs and agreed to execute the sale deed after receiving the balance sale consideration of Rs.1.00 lac. It was also mentioned in the agreement that the possession of the land and the shops have also been handed over to the purchaser after receiving the advance amount of Rs.5.00 lacs. When the defendant did not execute the sale deed despite service of legal notice, the present suit for specific performance or for refund of advance amount has been filed wherein the defendant denied to have executed the agreement; received advance amount of Rs.5.00 lacs; or handing over of possession of the land with shops built thereon.

(3.) On the basis of evidence on record, the trial Court has found that the defendant executed the agreement but failed to execute the sale deed despite request by the plaintiff, therefore, the plaintiff being ready and willing to perform his part of contract, he is entitled for decree for specific performance or refund of the advance amount.