MANGAL SEN Vs. RAM AVTAR

JUDGEMENT

(1.) Heard learned counsel for the appellant.

(2.) This is a defendant's second appeal arising out of a suit for specific performance of the contract of sale and is directed against the judgment and decree dated 29.8.2000 whereby the suit of the plaintiff-respondent has been decreed for alternative relief, i.e. for recovery of Rs. 50,000.00 with interest at the rate of 6 per cent per annum.

(3.) It appears that the plaintiff-respondent filed suit No. 684 of 1993 for specific performance of contract of sale pleading that the defendant entered into an agreement of sale on 20.11.1990 and agreed to transfer the land in dispute in favour of the plaintiff respondent for an amount of Rs. 1,20,000.00. It was pleaded that Rs. 1,00,000.00 was paid as earnest money. It was also pleaded that the plaintiff-respondent was ready and willing to perform his part of the contract but the sale deed was not executed, hence the suit filed by the plaintiff-respondent was liable to be decreed. The defendant denied the claim of the plaintiff-respondent. The trial court after going through the pleadings of the parties, framed necessary issues. Parties in support of their cases produced evidence, oral and documentary. The trial court after going through the evidence on the record, recorded findings against the plaintiff-respondent and dismissed the suit by its judgment and decree dated 24.7.1998. Challenging the validity of the said decree the plaintiff-respondent filed an appeal before the court below. The court below also affirmed the findings recorded by the trial court on some of the issues, however, decreed the suit for recovery of the amount of Rs. 50,000.00 as the said amount was admittedly paid to the defendant-appellant. The court below after going through the evidence on the record held as under: