KISHOR Vs. AMBADAS

JUDGEMENT

(1.) This second appeal was admitted on 16.4.2007 on the following substantial question of law : "Whether the reasons recorded by both the Courts for holding that the plaintiff was not ready and willing to perform his part of contract are perverse and unsustainable -

(2.) Suit for specific performance of contract was filed by appellant (original plaintiff) bearing RCS No. 139 of 2001 before the Civil Judge, JD, Amravati. According to plaintiff, he agreed to purchase open space with super structure admeasuring 213.75 square feet out of Plot No. 179, Nazul Sheet No. 92/1 situated at Takarkheda, Amravati. On 15.12.1997 token money of Rs. 501/ was paid by plaintiff to defendant and then on 24.12.1997 plaintiff paid Rs. 4400/ to the defendant on which date agreement for sale was executed. Total consideration was fixed at Rs. 16,000/ and the sale deed was to be obtained on or before 30.6.1998. According to plaintiff, in addition to above, he had paid Rs. 2000/ to defendant from time to time. Since defendant failed to execute sale deed, plaintiff issued him notice on 22.12.2000 calling upon to remain present in the Office of SubRegistrar concerned on 29.12.2001. Plaintiff remained present in the office of SubRegistrar throughout office hours, but the defendant did not turn up. In order to substantiate his presence, plaintiff sworn in an affidavit on the stamp paper of Rs. 10/ on 29.12.2000.

(3.) Respondent (original defendant) by his Written statement dated 8.8.2001 denied suit claim. He alleged handloan transaction to claim that there was, therefore, no question of execution of sale deed and that his signatures were obtained on blank stamp paper. According to defendant, he tried to repay amount of Rs. 4000/ taken by way of hand loan, but plaintiff refused to accept the amount. He prayed for dismissal of suit.