SARDAR SINGH Vs. LAXMAN PRASAD

JUDGEMENT

(1.) LAXMAN Prasad plaintiff respondent No. 1 had filed a Civil Suit No. 16A/91, in the Court of First Additional Judge to District Judge Vidisha at Basoda for specific performance of the contract on the ground that appellant Defendant No. 1 had entered into a contract dated 17.5.1990 which was duly registered for selling his agricultural land bearing Survey No. 26 situated at village Nabodia, district Vidisha for consideration of Rs. 48,500/ towards which he had received Rs. 33,000/ . On failure to execute the sale deed the aforesaid suit was filed for specific performance.

(2.) APPELLANT defendant No. 1 had denied the execution of the aforesaid agreement and also receiving of any advance in pursuant thereunder. It is also averred that the appellant was in close contact of plaintiff and under the garb of confidence he was taking advantage of this delay. The plaintiff also did not take necessary legal steps for execution of sale deed.

(3.) LEARNED counsel for the appellant has contended that plaintiff respondent has failed to prove execution of the agreement as required under section 67 of the Evidence Act. According to the respondent, he being an illiterate person the document was not read over and explained to him and it is further argued that there are material discrepancies in the evidence of the plaintiff and his witnesses regarding payment of earnest money. It is true that plaintiff or his witnesses have not specifically stated in the evidence that the document was read over and explained to the defendant.