SUNIL KUMAR JAIN Vs. ANJU CHOUDHRY

JUDGEMENT

(1.) This appeal is directed against the impugned judgment and decree dated 19-06-2014 passed by the First Additional District Judge to the Court of 3rd Additional Judge, Bilaspur in Civil Suit No.59-A/2013, by which, suit filed by the appellant-plaintiff for specific performance of contract has been dismissed.

(2.) The appellants filed a suit seeking decree of specific performance of contract on the pleadings inter alia that the defendant No.4-Ashok Jaiswal, a Power of Attorney Holder of defendants No.1 to 3 executed an agreement on 01-05-2007 for sale of suit land in dispute (Khasra No.77, 78 & 80, admeasuring 1.06 Acres, 2.60 Acres and 0.78 Acres, total ad measuring 4.44 acres situated in Village Lokhandi, Tahsil Takhatpur, District Bilaspur), in favour of the plaintiff for a consideration of Rs.43,75,000/- and received advance of Rs.6 Lakhs. According to the plaintiff's pleadings, as per the conditions stipulated in the agreement, the sale deed was required to be executed within a period of three months and before that, demarcation of the suit land was required to be carried out, so that balance payments could be made. Moreover, according to the plaintiff, 30 feet wide road on the western side of the land in dispute was also required to be made available to the plaintiff in order to provide access to the land in dispute from the main road.

(3.) The defendants contested the plaintiff's suit on the pleadings that even though, demarcation report indicated existence of road, despite giving notice on 20-11-2007, the plaintiff did not appear before the Deputy Registrar for execution and registration of the sale deed along with payment of the balance amount of consideration. Therefore, the plaintiff having failed to perform his part of contract, he is not entitled to any relief. It was also pleaded that the suit otherwise was barred by limitation.