VINUBHAI PARSHOTTAMBHAI PATEL Vs. MADHUBEN MASHRUBHAI JHAMPADIA

JUDGEMENT

(1.) HEARD learned advocate Mr. P. C. Soni for the appellant and learned advocate Ms. Sanjana Dave for learned advocate Ms. K. M. Shah for the respondent.

(2.) APPELLANT is original plaintiff, whereas respondent is original defendant before the Civil Court, Bhavnagar in Special Civil Suit No. 137 of 2011, wherein while seeking specific performance of agreement to sell, plaintiff has also prayed for interim relief to restrain the defendant from further alienating the suit property in any manner by impugned judgment and order dated 24.04.2013. The trial Court has rejected such application at Exhibit 5 for interim relief.

(3.) IN defense, it is contended by the defendants that they had never entered into any agreement to sell in favour of the plaintiff. However, both, in reply dated 12.05.2011 to the notice dated 27.04.2011 by the plaintiff and even in written statement filed before the trial Court, the defendant has practically admitted about receipt of certain amount from the plaintiff. In reply dated 12.05.2011 which seems to be forwarded by the defendant on her own i.e. not through any advocate, though it can be said that the contents must have been drafted by some literate person or advocate when defendant has made thumb impression on both the pages of reply when they admitted issuance of such reply, surprisingly in reply it is stated that defendant and her husband have stated that they have taken only Rs.2,00,000/ - as temporary loan from the plaintiff and agreed to pay interest at the rate of 3% and when plaintiff has asked for writing in such loan transactions, she has put her thumb impression on same writing without knowing that plaintiff has executed the agreement to sell. When defendant has tried to repay such amount on Akhatrij of that year with interest, instead of accepting such amount, plaintiff has asked for interest at the rate of 5%. It is further stated that at such time plaintiff has threatened the defendant and her husband to pay the amount with 5% interest or otherwise, they have to lose their ownership and possession of the suit properties.