SHARAD KUMAR CHAUHAN Vs. KUNAL KUMAR PUNJABI

JUDGEMENT

(1.) This appeal is directed against impugned judgment and decree dated 30/11/1999 passed by the Second Additional District Judge, Raipur in Civil Suit No.5- A/99 whereby, the learned Trial Court refused to grant relief of specific performance of contract to the appellant / plaintiff.

(2.) The relevant facts of this case are that the appellant / plaintiff filed a suit for specific performance of contract. The plaintiff claimed in the suit that defendant / Satpal Punjabi purchased a plot admeasuring 1500 sq. ft. in the name of his minor sons namely Kunal and Jitendra. Thereafter, defendant-Satpal entered into an agreement with the plaintiff to sell the property for a consideration of Rs.1,87,500/-. Pursuant to the agreement, an earnest money of Rs.20,000/- was given to the defendant. Thereafter, on different dates, certain amounts were paid and in all, Rs.1 lakh was received by the defendant. According to the plaintiff, defendant - Satpal was under an obligation to obtain no objection certificate from the authorities for execution of the sale deed. As the defendant failed to do so, a legal notice was served which he refused to accept. Thereafter, a notice was published by the plaintiff in the news paper expressing his willingness to execute the sale deed.

(3.) Defendant - Satpal filed a written statement before the Court below stating that according to the terms and conditions of the agreement, it was the plaintiff who was under an obligation to execute the sale deed and that the plaintiff had no sufficient means.