RAGHUBERI Vs. VED PAL

JUDGEMENT

(1.) Heard Sri Sharad Sharma, Senior Advocate assisted by Sri Kamlesh Lohani, Advocate for the Defendants/Appellants and Sri A.K. Sharma, Advocate for the Plaintiffs/Appellants.

(2.) This is Defendants' second appeal. The father of the Plaintiffs/Respondents had filed a suit for specific performance against the Defendants/Appellants praying that there is a registered agreement for sale between the parties dated 10.5.1978, by which an advance payment of 2700/- was given to the Plaintiff by the Defendant for sale of a certain property i.e. land. The sale deed was to be executed within a period of two years. The Plaintiff was always ready and willing to execute the sale deed but since it was not done, the Plaintiff filed a suit for specific performance.

(3.) The trial court came to the conclusion that although there is a registered agreement for sale between the 2 parties dated 10.5.1978, it relied upon another unregistered agreement executed between the parties on the same day where it was agreed between the parties that in case within two years the remaining amount is returned by the Defendant to the Plaintiff, Plaintiff will not press for execution of sale deed. The contention of the Defendant, in other words, was that there actually no agreement for sale between the parties and the Defendant had actually taken a loan of 7,700/- from the Plaintiff and the agreement for sale was an additional protection given to the Plaintiff by the Defendant. It was also contended that Plaintiff is a money lender, etc., etc.