DIGAMBAR SINGH NEGI Vs. GOVIND SINGH NEGI

JUDGEMENT

(1.) The appellant before this Court is defendant in a suit being Suit No.06 of 2012, Govind Singh Negi vs. Digambar Singh Negi, which has been decreed by the court of Civil Judge (Senior Division), Kotdwar, District Pauri Garhwal, whereby the suit which was filed by the plaintiff/respondent was decreed and thereby the defendant/appellant; had been directed to pay an amount of Rs.7,50,000/- alongwith interest, which has been levied to be payable at the rate of Rs.6% per annum, from the date of the filing of the suit till the date of the actual payment. It is this impugned judgment of 28.02.2014, which has been put to challenge by the defendant/appellant in the present fist appeal.

(2.) The brief case, which was agitated by the plaintiff in the suit, which was instituted by him on 13.03.2012, he has prayed for a decree by way of an injunction to the defendant's to the suit, to refund back the aforesaid amount, as for the reason being that as a consequence of the two unregistered agreement, said to have been executed in favour of plaintiff/respondent, for sale to sell the property, having an area of 2,800 square feet and the construction existing on it, since has not matured to be executed as per law, hence, he would be at least entitled for the receipt of the partial sale consideration, which has exchanged hands between the plaintiff and the defendant, which was being sought to be returned (refunded) back by filing a suit for recovery of money. The precise case of the plaintiff in the suit has been that the defendant/respondent, was the bhoomidhar of a land, which was lying in village Balbhadrapur, Patti, Sukhro, Tehsil Kotdwar Garhwal as recorded in Khata Khatauni No.2, having an area of 2800 square feet and it was inter-se between the parties, it was agreed, that the sale deed of the said land would be executable, in relation to the land on a total agreed sale consideration of Rs.16.00 lacs. In order to substantiate the aforesaid claim, the plaintiff/respondent had submitted that an unregistered agreement for sale was executed on 29.11.2010 in the presence of the witnesses and an earnest money of Rs.50,000/- was also paid to the defendant/appellant, herein and the balance amount was allegedly agreed and required to be remitted as per the covenants of the agreement for sale dated 29.11.2010. In continuation to the unregistered agreement for sale of 29.11.2010, it was the case that yet another agreement was executed on 11.12.2010, in continuation thereto and yet another partial amount was paid towards the sale consideration in lieu of the aforesaid agreement to sell the property, belonging to the defendant. The suit in question was contested by the parties to the proceedings and the aforesaid two agreements were placed on record of the suit by way of evidence by the parties as Paper No.7 Kha and .

(3.) The plaintiff contended in the suit, that when there was a denial from execution of the sale deed on the basis of the aforesaid agreement for sale they had issued a legal notices, to the defendants, calling upon the defendant/appellant, herein to return the money paid towards the partial sale consideration, which was remitted and consequently a notice of 01.03.2012, was issued wherein it was observed that a total sum of Rs.7,50,000/-is due to be refunded in view of the amount already, which was admittedly remitted to the defendant to the suit. In the suit in question after the exchange of pleadings, the learned trial court had framed the following issues:-