ASHOK KUMAR BARMAN Vs. KANTI GUPTA

JUDGEMENT

(1.) The appellant/plaintiff has filed this appeal under Section 96 of the Code of Civil Procedure being aggrieved by the judgment and decree dated 31-07-06 passed by the Court of VIth Additional District Judge, Jabalpur in Civil Suit No. 161-A/14 filed by the appellant/plaintiff for specific performance of the contract dated 09-10-02 (Ex.P-1) and permanent injunction dismissed by the Court. In this appeal the appellant referred to as the plaintiff and respondent as the defendant.

(2.) Admitted facts of the case are that the plaintiff had contracted to purchase the disputed land from the defendant vide agreement to sale dated 09-10-02 (Ex.P-1) for consideration of Rs. 77,500/- and possession of the land was given to him. The plaintiff got issued a notice dated 22-09-03 (Ex.P-3) by postal receipt (Ex.P-4) for performance of the contract. The said notice was received by the defendant through acknowledgment (Ex.P-5). The said notice was replied by the defendant on 13-10-03 vide Ex.P-6 in which the execution of an agreement dated 21-02-1994 as well as dated 09-10-02 (Ex.P-2) has been specifically denied by the defendant. The witness Parvati Bai (PW-2) is sister in law i.e. elder sister of the wife of the plaintiff.

(3.) Facts of the plaint in brief are that the plaintiff and defendant both jointly purchased a Survey No. 159/5 total area 1700 Square Feet from Hubbe Lal Kachi vide registered sale deed dated 09-1-1986 and the said land was mutated in the name of both the parties. Thereafter, the said property was divided between them. The defendant contracted to sale the disputed land i.e. area 850 Square Feet vide agreement dated 09-10-2002 for consideration of Rs. 77,500/- and a sum of Rs. 1,000/- was paid by the plaintiff to the defendant when the said document was executed. As per agreement Rs. 1,000/- was to be paid every month by the plaintiff to the defendant. In this regard Rs. 2,000/- was paid by the plaintiff to Parvati Bai vide consent agreement dated 09-10-02 at the behest of the defendant as the defendant had contracted to sale the said land to Smt. Parvati Bai and received Rs. 2,000/- on 21-02-1994, the said agreement was not performed between them. However, the amount of Rs. 2,000/- was to be returned by the defendant to Smt. Parvati Bai. Apart from the said payment, the plaintiff paid the defendant Rs. 1,000/- every month and in this regard the defendant made entry on the original document of agreement dated 09-10-2002 which was in possession of the defendant. The plaintiff had been ready and willing to perform the contract but the defendant did not do so as a result the plaintiff got issued the notice (Ex.P-3) to the defendant for getting the sale deed executed in favour of the plaintiff. However, the defendant did not execute the sale deed and falsely replied the notice vide Ex.P-6. Consequently, the suit was filed for the aforesaid relief as stated earlier.