LAXMINARAYAN GUPTA Vs. VIJAY KUMAR SURYAVANSHI

JUDGEMENT

(1.) This first appeal is preferred under Section 96 of the Code of Civil Procedure, 1908 against the judgment/decree dated 8- 11-2005 passed by 3rd Additional District Judge, Bilaspur in Civil Suit No.31/A of 2002 wherein the said court dismissed the suit filed by the appellant/plaintiff for specific performance of contract on the basis of agreement dated 4-9-1999 (Ex.P/1).

(2.) As per version of the appellant respondents No. 1 to 3 owned land survey No.496, 2036/3, 2004, 2005 area 0.28, 0.45, 0.35 and 0.12 acres respectively. Respondents No. 1 to 4 entered into agreement on 4-9-1999 to sell the suit land to the appellant for cash consideration of Rs.80,000/- and as per agreement, appellant paid Rs.58,000/- on the date of agreement. As per terms of agreement balance amount was to be paid within six months and thereafter sale deed was to be executed. Appellant was always ready and willing to perform his part of contract and he requested the respondents to execute the sale deed, but they did not follow it. Notice dated 11-9-2000 was served on them and thereafter suit was filed. As per pleading of respondents No. 1 to 4, they borrowed a sum of Rs.50,000/- from the appellant. As per version of respondent No.6, she had purchased the land bearing survey No. 2004 and 2005 area 0.47 acres for cash consideration of Rs.27,000/- on 8-11-2000 and she is in possession of said land as bona fide purchaser.

(3.) Learned counsel for the appellant would submit that the trial Court has not evaluated the evidence in its true perspective and came to wrong conclusion that the agreement in question is not proved. As the appellant was always ready and willing to perform his part of contract, the trial Court ought to have passed the decree in favour of the appellant.