MANOJ KUMAR SAHU Vs. AWTAR SINGH

JUDGEMENT

(1.) Heard.

(2.) The appellant-plaintiff filed a suit for grant of decree of specific performance on the pleadings inter alia that the defendants entered into the agreement to sell the property in dispute, being two storied house constructed over the land ad-measuring 1200 Square Feet in Khasra No.414, Ramsagarpara, Raipur in favour of the plaintiff Manoj Kumar Sahu for a consideration of Rs. 55,21,000/- and advance of Rs. 5,61,000/- was paid on behalf of the plaintiff by Sunil Sahu to the defendants. According to the plaintiff, balance amount of Rs. 49,60,000/- was to be paid after execution of sale deed and receipt of vacant possession. Further case of the plaintiff was that later on, the parties agreed that the defendants would execute the sale deed in favour of the plaintiff latest by July 2007. According to the plaintiff, the plaintiff had already paid Rs. 5,61,000/- as advance and he was always ready and willing to perform his part of contract, however, the defendants, despite repeated request, were avoiding to execute the sale deed and give vacant possession. The plaintiff gave notice Ex.P/2 and Ex.P/4, but even thereafter, the defendants did not execute the sale deed in favour of the plaintiff, hence, the suit was filed.

(3.) On the other hand, the defendants in their written statement, have stated that there was no agreement between the plaintiff and the defendants and in fact, it was Sunil Sahu, who entered into an agreement with the defendants, therefore, at the instance of plaintiff-Manoj Kumar Sahu, agreement was not enforceable. It was further case of the defendants that on 10-04-2007, the parties had agreed to amend the terms and conditions to the effect that the plaintiff would pay Rs. 8 lakhs within two months. But, the plaintiff has failed to make further payment of Rs. 8 Lakhs within two months, therefore, the plaintiff is not entitled to decree as he failed to perform his part of contract.