SAVITRI DEVI Vs. GUNJA DEVI

JUDGEMENT

(1.) BY the present appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC), the appellant/plaintiff seeks setting aside of the impugned judgment and decree dated 22.10.1998 whereby her suit for specific performance was dismissed. The trial court has held that the agreement to sell dated 15.5.1991 relied upon by the plaintiff/appellant was not genuine and in fact the genuine agreement was the earlier agreement dated 20.3.1991 relied upon by the respondent and, which was breached by the appellant /plaintiff as the required payment was not made under the same. In the two agreements the first-one, relied upon by appellant being the agreement dated 15.5.1991 and the second one relied upon by the respondent/defendant being the agreement dated 20.3.1991, there are fundamental differences by which it is shown that there was no consensus ad idem because whereas the first agreement was for an area of 1250 sq. yard the second agreement was for an area of 1008 sq. yard. Also whereas in the agreement dated 15.5.1991, the consideration payable was Rs. 100/- per sq. yard, in the earlier agreement it was Rs. 600/- per sq. yard. Further, in the agreement relied upon by the appellant, the buyer was only the appellant, in the other agreement buyers were Sh. Pritam Das and Sh. Tikam Das. Therefore, the basic requirements of a categorical agreement or an agreed document containing the agreed terms was found not to exist between the parties.

(2.) AFTER completion of pleadings, the following issues were framed by the trial court :-

(3.) I find that the findings given by the trial court are completely in accordance with the law and the facts as found in the present case. There is no perversity or illegality in the findings arrived at by the trial court. Sitting as an Appellate Court, it is not permissible for the court to interfere with a well reasoned and detailed judgment of the trial court merely because another view is possible. I, therefore, do not find any reason to interfere or set aside the findings and conclusions as arrived at by the trial court.