MAHADEV SINGH Vs. BIHARI LAL SANADAYA

JUDGEMENT

(1.) This is defendant's first appeal under Section 96 of the Code of Civil Procedure, 1908 challenging the legality and validity of the judgment and decree passed by the trial Court allowing respondent/plaintiff's suit for specific performance for sale of land together with superstructure admeasuring 1008 sq.ft. bearing Nazul Sheet No.28, Plot No.21/1, Khaparganj, Bilaspur.

(2.) The respondent/plaintiff (henceforth 'the plaintiff') preferred the suit on pleadings that the appellant/defendant (henceforth 'the defendant') executed notarised agreement dated 4-10-2008 for sale of the suit property and received the entire sale consideration of Rs.6.00 lacs on the date of agreement itself. The defendant agreed to execute the sale deed within 3 months and also agreed to handover possession of two shops built over the suit property, but possession was not delivered. Subsequently, defendant avoided to execute the sale deed despite repeated request by the plaintiff, therefore, legal notice dated 13-5-2009 was served on the defendant, but still the sale deed was not executed. Hence, the suit.

(3.) The defendant denied to have executed the agreement or receiving Rs.6.00 lacs. He pleaded that the non-judicial stamp of Rs.50/- was not purchased by the defendant nor possession of two shops was ever promised to be delivered or delivered to the plaintiff. The State Government has never issued any lease in favour of defendant nor any application for renewal has been made nor any assurance in this regard was extended.