V.K. KUKAR Vs. SALEEBA SIDDIQUI

JUDGEMENT

(1.) CHALLENGE in this first appeal under Section 96 of the Code of Civil Procedure is made to a judgment and decree dated 18.12.1994 passed by the VIth Additional Judge to the Court of District Judge, Bhopal in Civil Suit No.17-A/1993 by which a suit filed for specific performance of an agreement for sale has been dismissed.

(2.) PLAINTIFFS herein had filed the suit for specific performance with regard to an agreement dated 27.5.1992 duly executed between the parties for sale of the land in dispute.

(3.) THE plaintiffs are said to have paid Rs.50,000/- as earnest money vide demand draft dated 13.5.1992 and a further sum of Rs.50,000/- was also paid by a cheque drawn on bank of India, which was got encashed by the defendants on 13.5.1992 itself. Thereafter eight different cheques, as is indicated in para 4 of the agreement Exhibit P-1 was paid for various denominations amounting in all to Rs.2,30,000/-. Accordingly, in this manner the earnest money of the amount and Rs.3,50,000/- was paid. That apart the amount of Rs.70,000/- as agreed to between the parties was also paid at the time of execution of agreement. For the sake of convenience the requirement in this regard which is the main ground to be considered in this appeal, as contemplated in the agreement, i.e. in para 4 of the agreement reads as under: