MANOJ Vs. VIDYADEVI

JUDGEMENT

(1.) Heard finally at the stage of admission by consent of learned Counsel for both the parties.

(2.) The facts giving rise to the present appeal is as under : On 20/05/2021, oral agreement took place between the parties in presence of Dinesh Agrawal Broker and one Rajesh Bhuibhar. The plaintiff gave an amount of Rs.51,000.00 by way of earnest amount to the defendants and it was agreed that, the defendants will execute the sale deed within four months. All the material terms and conditions, which are usually agreed upon in any sale transaction, such as rate, amount of earnest money, period of sale deed, expenses for stamp duty and registration fees to be incurred by whom, T.D.S. to be deducted, relevant documents to be handed over to the plaintiffs etc., have been agreed between the parties and have been duly pleaded by the plaintiff.

(3.) The defendant further agreed to handover the copy of tax receipts, copy of release deed, Namuna -D and other documents relating to the said property before the agreed date of sale-deed. On 01/07/2021, defendants handed over the copy of release deed, executed by sisters of defendant Nos. 2 and 3 and assured to supply the remaining documents in short time. On 02/07/2021, plaintiff demanded copy of Namuna - D and other documents from the defendants. But the defendants informed that, they have applied for mutation in view of the release deed and the same will be received by them shortly and that they will supply the same to the plaintiff in short time.