LAXMAN PRASAD Vs. DHARAMLAL

JUDGEMENT

(1.) This plaintiff's second appeal under Section 100 of the CPC was admitted for hearing by formulating the following substantial question of law: -

(2.) Laxman Prasad - plaintiff / appellant herein, filed a suit for specific performance of contract stating inter alia that in respect of the suit lands bearing Khasra No.741/1, area 0.97 acre and Khasra No.952/1, area 0.74 acre, total area 1.71 acres, situated at Village Birgahani, Patwari Halka No.40, Tahsil Janjgir, he entered into agreement to sale with defendant No.1 on 29-3-1990 for a cash consideration of ? 27,000/- and obtained RS. 25,000/- and executed Ex.P-1 in presence of three witnesses, as defendant No.1 required money for marriage of his daughter, but thereafter, defendant No.1 did not execute the sale deed though the plaintiff is ready and willing to perform his part of contract leading to issuance of notice dated 12-7-1994 (Ex.P-2) followed by another notice dated 25-8-1994 (Ex.P-5) which was duly served, yet neither the notices were replied appropriately nor defendant No.1 performed his part of contract necessitating the institution of suit for specific performance of contract along with relief of possession and in alternative, refund of earnest money.

(3.) Defendant No.1 filed his written statement and in para 26, raised a specific plea that defendant No.1 was in need of money, therefore, he took RS. 500/- as a loan from the plaintiff and signed on a blank stamp paper and handed-over to the plaintiff and on 16-7-1994, he returned money of RS. 7,150/- to the plaintiff and the plaintiff also returned his rin pustika, but retained the blank stamp paper on the pretext that it was lost, as such, it was a loan transaction and it is not an agreement to sale which can be specifically enforced under Section 20 (unamended) of the Specific Relief Act , 1963.