SARLA DEVI Vs. BUDHAN

JUDGEMENT

(1.) THIS appeal has impugned the judgment and decree dated 28.03.2006 which had reversed the finding of the trial judge. Vide judgment and decree dated 29.03.2005, the suit filed by the plaintiff, Sh.Budhan seeking specific performance of an agreement dated 22.05.2000 or in the alternate for recovery of Rs.1 lac had been dismissed. The impugned judgment had decreed the suit of the plaintiff; the decree in the sum of Rs. 1 lac had been passed in favour of the plaintiff along with the interest at 6% per annum.

(2.) PLAINTIFF had entered into an agreement to sell with the defendant; this was qua 45 sq. yards of property comprising of one room with latrine, bathroom measuring 16 ft. X 25 ft situate in Khasra No. 15 of Village Mandoli; total consideration agreed was Rs. 1,60,000/-; plaintiff had paid the sum of Rs. 50,000/- as an advance/earnest money. In terms of the aforestated agreement, the balance amount of Rs. 1, 10,000/- had to be paid by 25.08.2000, on which date the defendant was required to execute the documents of transfer in favour of the plaintiff before the Sub- Registrar. The plaintiff reached the office of the Sub-Registrar on 25.08.2000 for getting the documents of transfer executed but the defendant did not came there till 1 pm.

(3.) ON the pleadings of the parties, following three issues were framed.