MOHAMMAD AJAZ KHAN Vs. SHEHNAZ BEGUM

JUDGEMENT

(1.) This is plaintiff's appeal under Section 96 of the CPC challenging the judgment and decree of the trial Court rejecting his suit for specific performance.

(2.) The subject property ad measuring 2000 sq. feet bearing plot No.128/138 is situated at Tikarapara, Raipur. There is no dispute about ownership of defendant No.1 over the suit property. On 17.12007, defendant No.1 executed agreement in favour of the plaintiff for alienating the property for a consideration of Rs. 10,50,000/-, out of which Rs. 3 lakhs was paid as advance to defendant No.1. The sale deed was to be executed by 25.1.2008. It was stated in the agreement that defendant No.1 has handed over all the papers relating to the property to the plaintiff and that the plaintiff shall get the sale deed executed before due date, failing which advance would be forfeited. According to the plaintiff, defendant No.1 avoided to execute the sale deed and started negotiating with other people which came to the plaintiff's notice, upon which legal notices (Ex.-P/2 & P/5) were served on defendant No.1. Defendant No.1 thereafter replied to the legal notice vide Ex.-P/4 stating that all the documents have already been handed over to the plaintiff but he is not taking steps for execution of the sale deed despite having fixed the dates on 30.1.2008, 6.2008 and 21.2008. It was also stated in the reply that the plaintiff demonstrated his inability to purchase the property for lack of funds. The defendant No.1 also stated that advance amount has already been refunded.

(3.) The plaintiff preferred the suit on 10.2010.