JAI SHANKAR Vs. GAJRAJ

JUDGEMENT

(1.) Heard learned counsel for the appellant on the point of admission of second appeal and perused the records.

(2.) In original suit no. 45/2007 (Gajraj v. Jai Shankar), the plaint case in brief was that defendant is owner of a portion a land of (1-1-5) of plot no. 898 situated in village Jorai. This plot has been partitioned and defendant has agreed to sale whole of share of this plot no. 898 to plaintiff for a consideration of Rs. 1,50,000/- and executed the registered agreement to sell dated 27.02.2005 in that regard, and paid Rs. 1,00,000/- as advance consideration. After that plaintiff has been ready and willing to perform his part of contract and was ready and willing to purchase the said land, but in spite of his reminders the defendant had been delayed in execution of sale-deed. Then plaintiff had given the defendant a registered notice dated 17.01.2007 which was received by defendant, but he answered the same mentioning incorrect facts in his reply in which he had stated that he had taken Rs. 1,00,000/- as loan on interest at the rate of 12 per cent per annum and had executed deed of loan. Since the defendant had refused to execute the sale-deed of disputed property, therefore the plaintiff had filed suit for specific performance of his contract dated 17.2.2005.

(3.) The defendant had filed written-statement by which he denied the plaint averments and further pleaded that disputed property was not partitioned between its co-sharers. The agreement to sell was not executed as mentioned in plaint. The plaintiffs used to cultivate the defendant's agricultural land on Batai for several years. The defendant had needed of Rs. 1,00,000/- for purchasing tractor, so he requested for loan from plaintiff. The plaintiff had persuaded him to execute the deed of loan, but he had fraudulently got executed the registered deed of agreement to sell. The defendant had never consented to sell his land. He is ready to return Rs. 1,00,000/- to plaintiff with interest. The plaintiff's suit is liable to be dismissed.