PRAVENDRA KUMAR @ PINKU Vs. RAM KUMAR

JUDGEMENT

(1.) Heard Sri Vimal Kishore Verma, learned counsel for the appellant, Sri Amit Kumar Awasthi, learned counsel for respondents and perused the record.

(2.) By means of present second appeal under section 100 C.P.C. , plaintiff/appellant has challenged the judgment and decree dated 16.9.2004 passed by District Judge, Sitapur in Civil Appeal no.91 of 2003 (Ram Kumar v. Praveen Kumar alias Pinku) by which appeal filed by defendant/respondent was allowed and judgment and decree dated 6.12.2003 passed by Civil Judge (J.D.) Biswan District Sitapur in Civil Suit no.85 of 1998 (Pravendra Kumar Alias Pinku v. Ram Kumar) was set aside.

(3.) Facts, in brief, of the present case are that plaintiff/Pravendra Kumar @ Pinku filed a Civil Suit for specific performance of contract and permanent injunction, registered as 85 of 1998 (Pravendra Kumar alias Pinku v. Ram Kumar) on the ground that the plaintiff has settled with the defendant to purchase of plot no.381 area 0.902 hectare situate at village Lashkerpur Pergana and Tehsil Biswan District Sitapur . The defendant has executed an agreement to sell after receiving Rs. 18000/- from the plaintiff in presence of the witness. It was settled that Rs. 22300/- would be payable as sale price, out of which through the agreement to sell Rs. 18000/- was paid as earnest money and possession of the plot was handed over . It is further stated in the plaint that it was agreed between the parties that agreement to sale may be executed within six month after giving remaining sale price. However , in spite of the said fact , plaintiff has arranged remaining amount of sale and has requested the defendant to execute the sale but the same was denied by the defendant on so many pretext. On 10.3.1998, it came to the knowledge of the plaintiff in the village that the defendant intends to sell plot no.381 on excessive amount to one Ram Khelawan son of Chandrika or to other persons and not willing to sell the plot to him so a suit for specific performance has been filed . Thereafter defendant has filed written statement denying the allegation as made by the plaintiff.