JANKI DEVI Vs. SUBHASH CHANDRA

JUDGEMENT

(1.) A suit for specific performance was filed by the respondent no. 1 against one Buddhiram with a prayer that the defendant Buddhiram be directed to execute a sale deed and to handover possession of the property regarding which an agreement to sell was entered into between the defendant Buddhiram and the plaintiff on 21.4.1992. The plaint allegations were that the defendant had taken Rs. 35,000/- as an advance on 21.4.1992 and had also entered into an agreement that he would after taking the remaining Rs. 5,000/- execute a sale deed within a year in favour of the plaintiff. When the defendant did not execute the sale deed and the year was coming to an end on 30.3.1993 a notice was sent by the plaintiff to the defendant Buddhiram that he may appear on 15.4.1993 before the Office of Registrar to execute the sale deed. The defendant filed his written submission and stated that, in fact, no agreement to sell was entered into and the defendant had only taken Rs. 5,000/- from the plaintiff by way of a loan. He did not ever enter into any agreement to sell his property.

(2.) It appears that when the plaintiff came to know about some sale deed having been there in existence dated 21.10.1993 by which the defendant no. 1 had allegedly sold the property in question to the defendant no. 2 then he amended the plaint and stated that the defendant no. 2 and her husband were always in the know about the registered agreement dated 21.4.1993 and, therefore, the plaintiff's right would not get affected.

(3.) The Trial Court framed as many as 7 issues and decreed the suit and directed the defendants to execute the sale deed in favour of the plaintiff within thirty days. The defendant filed a First Appeal which was when dismissed on 10.12.2018, the instant Second Appeal was filed by the defendant no. 2.