SATISH CHAND SURANA Vs. RAJ KUMAR MESHRAM

JUDGEMENT

(1.) Trail Court has dismissed the appellant/plaintiff's suit for specific performance of agreement dated 20-7-2013 by which the respondent/defendant had allegedly agreed to sell land bearing khasra No.395 & 396/1 area 0.59 & 0.05 hectares, respectively in total 0.64 hectares situated at village Jagtara, Patwari Halka No.22, Balod, for a sum of Rs.11.00 lacs.

(2.) According to the plaintiff, the defendant accepted advance amount of Rs.8.00 lacs by cheque on the date of agreement itself and thereafter, received further amount of Rs.2.00 lacs on 26-8-2015 at the same time executing a fresh agreement on the said date. It was further stated that the defendant agreed to execute the sale deed by accepting the remaining part of the sale consideration, but on the pretext of personal difficulties he has not executed the sale deed for further period of 13 months from the date of second agreement and later stopped attending plaintiff's phone calls, therefore, the plaintiff severed legal notice on 15-10-2016, which remained unserved with Postal endorsement that 'the defendant has left the place'. The suit was filed on 17-3-2017 in the District Court, Durg, which was made over to the 7th Additional District Judge, Durg.

(3.) The defendant was proceeded ex parte, therefore, plaintiff's ex parte evidence was recorded and final hearing also materialized, but on 10-7-2017 it was found that the suit property is situated at village Jagtara, District Balod, therefore, the plaint was returned for submission before the jurisdictional Civil Court.