BHUPESH Vs. ARVIND KUMAR SHAH

JUDGEMENT

(1.) The appellant/plaintiff has filed this appeal being aggrieved by the judgment and decree dtd. 1/11/2021 passed by the learned 5th District Judge Ujjain in civil suit no.169A/2021 by which the application filed by the defendants under Order 7 Rule 11 r/w Sec. 151 CPC has been allowed and the plaint which was filed by the plaintiff/appellant for specific performance of contract and permanent injunction has been rejected.

(2.) The brief facts of the case are that appellant/plaintiff has entered into an agreement to sell on 23/2/2021 for a sale consideration of Rs.1,03,00,000.00 and has paid a sum of Rs.1,51,000.00 as part payment of the sale consideration for the land bearing survey no.428/3, area 0.282 hectare of Patwari Halka no.26, village Panth Piplai, Tehsil and district Ujjain. The copy of the Sauda Chithi entered into between the appellant and the defendants is Annexure A/2.

(3.) As per the terms of the agreement between the parties, the seller was required to make a paper publication with regard to sale of the said land and in case of non receipt of any objection the purchaser will pay 25% of the agreed sale consideration. Accordingly paper publication was made in the daily newspaper Agniban on 27/3/2021 and no objection was received. Thereafter the plaintiff appellant requested the defendants to accept the sale consideration of 25% of the total sale consideration but the defendant was not responding to his request. Thereafter the appellant/plaintiff sent a legal notice through his counsel on 12/4/2021 requesting the defendants to accept the amount of 25% as agreed in the agreement dtd. 23/3/2021. The notice is Annexure A/3. The defendants on receipt of the notice from the appellant/plaintiff sent a reply dtd. 17/4/2021 through their counsel by accepting the agreement but has alleged that the terms of the agreement have not been complied with which has resulted into automatic cancelation of the agreement. The reply is Annexure A/4. Thereafter the appellant/plaintiff filed a civil suit for specific performance. The copy of the plaint is Annexure A/5.