PIYUSH PARIHAR Vs. MANUII @ MUNNI DEVI

JUDGEMENT

(1.) The instant appeal under Sec. 96 CPC has been preferred by the plaintiff against impugned judgment and decree dtd. 17/2/2017 passed by the Additional District Judge, Court No. 14 Varanasi in O.S. no. 1112 of 2013 Piyush Parihar versus Manuii alias Munni Devi and another, whereby defendant's application under Order 7 Rule 11(d) CPC was allowed and consequently, the suit was held to be barred by limitation.

(2.) Factual matrix is that the plaintiff- appellant filed O.S. no. 1112 of 2013 in the lower court with the averments that an agreement to sell was executed in his favour by the defendants regarding land having area of 0.167 hectare situated in khata no.398m, 365m, 414, 232m, 436m, 411, 378 and 233, which was situated in 8 gatas, having total area of 2.671 hectare, situated in Mauja Singhpur, Pargana Shivpur, Ward Sarnath, Tehsil Sadar, District Varanasi on 13/6/2007, which was registered in the office of subregistrar 1st Varanasi in book no.1, Jild no. 1449, at pages 101/128, at serial no. 2481 on 13/6/2007. The above agreement to sell was executed for the total consideration of Rs.6.50 lakhs, out of which an earnest money of 1 lakh was given by the plaintiff to the defendants on 13/6/2007, at the time of execution of the above agreement to sell.

(3.) It was further averred by the plaintiff that according to the terms and conditions of the agreement to sell, the defendants were to execute the sale deed of the above land after receiving balance consideration of 5.50 lakhs. The plaintiff always remained ready and willing to fulfil the terms of the above agreement, but the defendants on false pretext, avoided to execute the sale deed in favour of the plaintiff. The plaintiff always remained in touch with the defendants. During this period, the defendants told the plaintiff that Ramroop has died as such, after his legal heirs are mutated in the revenue records, the sale deed will be executed.