ALKA CHANDRASHEKHAR CHOUDHARY Vs. RATANSING RAMSING RAJPUT

JUDGEMENT

(1.) This appeal is filed under Sec. 100 of the Code of Civil Procedure taking exception to the judgment and decree passed in Reg. Civil Appeal No. 111/2015 dtd. 13/12/2021 confirming judgment and decree passed in Special Civil Suit No.58/2008 dtd. 17/08/2015 by Jt. Civil Judge, Senior Division, Dhule.

(2.) Appellant is the original defendant in the suit filed by plaintiff for specific performance of contract. It is case of the plaintiff that defendant is owner of plot No. 19 of survey No. 20/2 of Shri Maharana Pratap Co-operative Society Ltd. Dhule. The defendant agreed to sell suit plot by agreement to sale dtd. 07/04/2003 for total consideration of Rs.15,51,000.00 out of the said consideration earnest money of Rs.1,51,000.00 was paid on the date of execution of agreement to sale. The balance amount was to be paid after within three years. However, plaintiff paid additional sum of Rs.50,000.00 in the year 2008. In the year 2008 plaintiff found that the defendant is avoiding to execute sale deed and hence suit came to be filed.

(3.) Defendant by filing written statement denied the intention to sell suit plot. Amongst other contentions, it is her case that her husband was a drunkard and he borrowed sum of Rs.1,51,000.00 from plaintiff and obtained her signatures on blank papers. She also claimed that the loan amount is already repaid. It is further case of the this defendant that the suit property is given on rent to Ishwar Bhavsar and she is no more in possession thereof.