SUKHDEV SINGH Vs. RAMKRISHAN

JUDGEMENT

(1.) THIS first appeal has been filed by the appellant/plaintiff against the judgment and decree dated 21 -07 -2000 by learned First Additional District Judge, Shivpuri in Civil Suit No.18 -A/1997 whereby the suit for specific performance of contract filed by the appellant has been partly allowed by ordering that the amount deposited by the plaintiff to the tune of Rs.40,000/ - be refunded back to him.

(2.) BRIEF facts of the case are that the respondent/defendant has executed an agreement for sale of agriculture land admeasuring 12.65 hectare situated at Village Arjungaon District Shivpuri on 18 -04 -1994 and out of total consideration of Rs.2,50,000/ -, Rs.40,000/ - has been paid to the defendant by the appellant/plaintiff. The sale deed was to be executed on 15 -11 -1994 according to the agreement, on 15 -11 -1994 appellant/plaintiff went to the office of Sub Registrar, Shivpuri and filed an application for his presence and stated that he is ready and willing for execution of sale deed as per agreement but defendant did not turn up. The plaintiff also served a notice on defendant on 16 -12 -1994 but defendant did not came to execute the sale deed, therefore, the plaintiff has filed the suit for specific performance of contract.

(3.) DEFENDANT No.1 in his written statement has denied the existence of agreement and has also denied the payment of any advance to him. Defendant has also pleaded that the value of land is Rs.10 lakh and he was not in need of sale of property. The plaintiff has prepared a forged agreement for getting the land of the defendant illegally.