MEHATARIN BAI Vs. KRISHNA KUMAR SHARMA

JUDGEMENT

(1.) This first appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against judgment/ decree dated 23.08.2001 passed by Fourth Additional District Judge, Raipur (C.G.) in Civil Suit No. 33A/2001, wherein the said court dismissed the suit filed by the appellants/ plaintiffs for specific performance of contract regarding house No. 5/149 situated at Village- Khamtarai, Ward No. 10, bearing Survey No. 333/20, Patwari Halka No. 11/10, Tahsil and District- Raipur (C.G.).

(2.) As per the appellants, they entered into an agreement for purchase of immovable property as mentioned above on 28.12.1996 with respondents No. 1 and 2 for a cash consideration of Rs. 1,00,000/-. At the time of execution of said agreement, an amount of Rs. 35,000/- was paid by way of earnest money. The agreement was marked as Ex. P/6. It was further agreed that out of remaining consideration, Rs. 20,000/- was to be paid by 30.01.1997, while the rest of the amount was to be paid at the time of registration of sale-deed. As per the agreement, the execution of registered sale-deed was to be completed by three months. An amount of Rs. 6,000/- was received by respondent No. 1 and Rs. 9,000/- was received by respondent No. 2 on 12.03.1997, so on admitted facts it was apparent that the time was not the essence of the contract. The respondents sold the property in question by registered sale-deed dated 17.06.1997 (Ex.P/4) to respondent No. 3 for a valuable consideration of Rs. 1,12,000/-.

(3.) Learned counsel for the appellants submits as under:-