SADHNA TRIPATHI Vs. SHASHI TIWARI DIED

JUDGEMENT

(1.) This first appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against judgment/ decree dated 29.09.1994 passed by 2nd Additional District Judge, Bilaspur (M.P.) (Now C.G.) in Civil Suit No. 3-A/93, wherein the said court dismissed the suit filed by the appellant for specific performance of contract in relation to land bearing Khasra No. 484/03 admeasuring 0.07 dismil situated at Sarkanda, Bilaspur (C.G.) and in alternate to get refund of earnest money to the tune of Rs. 60,000/-.

(2.) The suit was filed by the appellant before the trial court pleaded inter alia that the appellant and original respondents namely Bhagwandas & Shashi Tiwari were having good relations shown interest to sell their property as mentioned above. The appellant paid the full consideration amount of Rs. 60,000/- to the said persons before the witnesses and one agreement was executed between the parties as per Ex. P/2 on 06.07.1991. It is further case of the appellant that she was not having sufficient amount for registration charges of sale deed and it was agreed that the same will be executed later on. The said original respondents later on refused to sell the property that is why the suit was filed for execution of sale deed or return the amount with interest.

(3.) Learned counsel for the appellant submits as under:-