JAYWANTABAI Vs. RAGHUNATH

JUDGEMENT

(1.) The appellant, original plaintiff in Special Civil Suit No. 428 of 1989, has challenged the appellate judgment of the learned 9th Additional District Judge, Nagpur, whereby he set aside the decree of specific performance passed in her favour by the learned trial Judge and merely directed refund of consideration to her.

(2.) The facts, which gave rise to the litigation, are as under :

(3.) On 14-12-1988, the respondent, defendant herein, agreed to sell the suit field to the appellant/plaintiff for a consideration of rs. 32,500/-, received Rs. 5,000/- as earnest and executed an agreement, which is at Exhibit 37 on the record of the Trial Court. The balance of consideration of Rs. 27,500/- was to be paid on 29-6-1989, when the sale-deed was to be executed. Since the appellant/plaintiff came to know of the respondent-defendants attempt to dispose of the property elsewhere, she gave a notice to the defendant on 16-3-1989, to which the defendant gave a false reply contending that the transaction was one of loan. The plaintiff, therefore, approached the Trial Court seeking a decree of specific performance of the contract of sale stating that she was ready and willing to pay a balance of consideration of Rs. 27,500/ -.