RADHEY SHYAM Vs. NANKU LAL

JUDGEMENT

(1.) Heard Sri S.K. Srivastava, learned Counsel for the Appellant and perused the record.

(2.) It is claimed that the Appellant had taken loan amount of Rs. 10,000/- from Plaintiff Nanku Lal (since deceased) on 27.4.1992 and as a measure of security of loan a registered agreement of loan for Rs. 80,000/- had been executed in which Rs. 20,000/- was shown as advance money. It is further claimed that the Appellant had returned the loan money with interest within a year and that the Appellant had again taken loan amount of Rs. 10,000/-from Plaintiff Nanku Lal in the year 1993. This time it is alleged that Plaintiff Nanku Lal had forcibly obtained the registered agreement to sell from him for sale consideration of Rs. 10,000/- in which an advance of Rs. 30,000/- was shown as advance while only Rs. 10,000/- was paid at the time of registration of the agreement. It is alleged that the Appellant had again returned the loan amount with interest within expiry of one year, yet the Plaintiff Nanku Lal had kept silence about the enforcement of the agreement for about four years and thereafter on 21.4.1997 filed Original Suit No. 221 of 1997 in the Court of Civil Judge (Junior Division), Bareilly for specific performance on the basis of agreement dated 21.4.1993.

(3.) The contention of learned Counsel for the Appellant is that the Appellant contested the suit and in his written statement denied to have executed the alleged agreement to sell, which is stated to have been forcibly obtained and also that he had returned the loan amount with interest within one year and that the suit had been filed after four years without any prior demand or notice to the Appellant and also without showing or establishing his willingness and readiness to perform his part of contract.