SURESH CHANDRA MOD Vs. SAVITRI BAI

JUDGEMENT

(1.) Feeling aggrieved by the judgment and decree dated 18th April, 1996 passed by learned Second Additional Judge to the Court of District Judge, Hoshangabad in Civil Suit No. 17-A/1991 (Old No. 88-A/1986) decreeing the suit of plaintiff for specific performance of contract, this first appeal has been filed by the defendant under Section 96 of the Code of Civil Procedure, 1908.

(2.) The present respondents are the L. Rs of the deceased-plaintiff who died during the pendency of this appeal and his name has been deleted from the cause title. However, hereinafter in this judgment the plaintiff would mean the deceased-plaintiff Ganesh Prasad Sharma.

(3.) In brief the suit of plaintiff is that he entered into an agreement of sale with the defendant-appellant in regard to the agricultural land, the description whereof has been mentioned in the plaint and which is the subject matter of the suit. In that regard, a document of agreement of sale was also executed on 5.1.1981. The defendant agreed to sell the suit land @Rs 3000/- per acre and the total land is 12 acres. Thus, the consideration of the land in question was fixed to be Rs 36,000/-. A sum of Rs 5000/- was paid on the date of the execution of the document and it was agreed between the parties that the sale deed will be executed till 5.7.1981. Further it was agreed that if the defendants fails to execute the sale deed, the plaintiff shall be free to get the sale deed executed through the Court. It is also the case of the plaintiff that since two years took place in partition in the family of the defendant, therefore, the sale deed could not be executed on 5.7.1981, although the plaintiff repeatedly requested the defendant to get the sale deed executed.