SEEMA DEVI Vs. HARI SINGH CHANDEL

JUDGEMENT

(1.) This First Appeal has been preferred under Section 96 of the Code of Civil Procedure, 1908 (hereinafter referred to as the CPC) questioning the legality and validity of the judgment and decree dated 31.01.2007 passed by the Additional District Judge, Janjgir, District Janjgir-Champa in Civil Suit No. 71- A/2005 whereby the suit for specific performance of contract has been decreed.

(2.) Briefly stated the facts of the case are that the plaintiff Hari Singh Chandel instituted a suit for specific performance of contract by submitting, inter alia, that an agreement to sell dated 14.04.2001 has been executed by one Rambha Devi, mother-in-law of defendant No.1 Seema Devi with regard to the suit property described in plaint para 1 situated at village Taraud, Tahsil Janjgir, District Janjgir-Champa. It is pleaded in the plaint that at the time of execution of the alleged agreement to sell, a sum of Rs.31,000/- has been paid by him as earnest money and said Rambha Devi has agreed to execute the registered deed of sale in his favour for a consideration of Rs.85,000/- whenever it will be demanded by him and will receive the rest of the sale consideration at the time of its registration.

(3.) According to further averments made in the plaint, the plaintiff requested said Rambha Devi orally in the month of April 2002 for execution of the sale deed, who in turn, assured to execute the same. It is put forth in the plaint that said Rambha Devi had expired on 13th August, 2002, and therefore, a similar request was made to her daughter-in-law, namely, Seema Devi, defendant No.1, for execution of the registered deed of sale in pursuance of the alleged agreement to sell in the month of January 2003 and again in the month of April 2004 and on both occasions, he was assured by said Seema Devi to execute the registered deed of sale. When the registered deed of sale was not executed, a registered notice was issued on 30.06.2004, however, it was refused. The plaintiff has, therefore, been constrained to file the suit in the instant nature praying for execution of registered deed of sale and, in alternative prayed for refund of his earnest amount of Rs.31,000/- with interest @ 12% per annum.