MEENA RAJPOOT Vs. RAM BHAROSE KATIYAR AND ORS.

JUDGEMENT

(1.) This is the plaintiff's appeal under Section 96, Code of Civil Procedure(hereinafter referred to as 'CPC'), arisen from the judgment and decree dated 31.05.2008 passed by Smt. Vijay Raje Sisodiya, First Additional Civil Judge(Senior Division), Farrukhabad (hereinafter referred to as the 'Court below') in Original Suit No. 364 of 2005(Smt. Meena Rajpoot Vs. Ram Bharose Katiyar and others). By the impugned judgment, the Court below has dismissed original suit instituted by plaintiff-appellant for specific performance of contract by enforcing contract for sale dated 04.06.2003 in respect to Khasra No. 225, area 2.06 acres situated at Village Gandhi, Pargana Khakhatmau, Tehsil Amritpur, District Farrukhabad along with construction existing thereon, i.e., a brick kiln and a room and to handover possession of the said plot to plaintiff after execution of sale deed and receiving balance consideration; and in case defendant is not agreeable to execute sale deed then the Court should get the sale deed executed. The Court should also include name of defendant No.2 as vendor in the aforesaid sale deed. The alternative prayer was for a decree of recovery of Rs. 1,58,720/- along with interest at the rate of 18% commencing from 04.06.2003 till actual payment.

(2.) The Court below did not find any of the relief admissible to the plaintiff and hence dismissed the suit.

(3.) The plaintiff appellant instituted aforesaid suit vide plaint dated 18.10.2003 stating therein that defendant-1 is the owner in possession of land measuring 2.06 acres, khasra No. 225, situate at Village Gandhi, Pargana Khakhatmau, Tehsil Amritpur, District Farrukhabad. There also exists a brick kiln and a room on the said land. Defendant-1 agreed to transfer aforesaid land along with existing construction for a total consideration of Rs. 5,07,000/-. An advance money of Rs. 1,35,000/- was paid by plaintiff-appellant to defendant-1. Parties executed a contract for sale dated 04.06.2003. It was stipulated therein that remaining consideration shall be paid at the time of execution of sale deed, which would be executed within four months. Plaintiff throughout has been ready and willing for execution of sale deed pursuant to contract for sale dated 04.06.2003. She requested defendant, from time to time, to execute sale deed but defendant-1, on one or the other pretext, deferred the same continuously.