AJMAT KHAN Vs. NAVIDAD KHAN

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and decree dated 20th June 2003 passed by learned Additional District Judge, Baikunthpur (Koria) in Civil Appeal No.28-A of 2002 by which learned lower appellate Court, reversing the judgment and decree dated 22.4.1997 passed by learned trial Court in Civil Suit No.37-A of 1992 has allowed the appeal of the defendant and dismissed plaintiff's suit.

(2.) Appellant-Plaintiff Ajmat Khan filed a suit seeking decree of specific performance of contract on the pleadings, inter alia, that the plaintiff and defendant entered into an agreement of sale of the property in dispute on 20.11.1991. Further pleadings of the plaintiff was that, though, the plaintiff was ready and willing to perform his part of contract by paying balance amount of consideration and for that purpose, he repeatedly approached the defendant for execution of sale deed, the defendant kept on assuring the plaintiff that he may remain in possession and enjoy the property and sale deed would be executed in times to come. According to the plaintiff, he repeatedly approached the defendant but the defendant, every time, kept on giving assurances.

(3.) According to the plaintiff, cause of action arose when suddenly the defendant approached Sub Divisional Magistrate, Baikunthpur by instituting proceedings under Sections 145 and 147 Cr.P.C. in which the plaintiff was dispossessed from the property.