LAWS(MPH)-2006-5-14

AMAR SINGH THAKUR ACHHELAL THAKUR Vs. BHAIYALAL KOTHALE

Decided On May 16, 2006
AMAR SINGH THAKUR Appellant
V/S
BHAIYALAL KOTHALE (DEAD) THROUGH L.RS.TARABAI W/O LATE BHAIYALALAI Respondents

JUDGEMENT

(1.) THIS second appeal is at the instance of defendant having lost from the two Courts below.

(2.) IN brief the case of plaintiff/respondent is that in the year 1985 he entered into an agreement to purchase the disputed house with the father of defendant-appellant. In between the period from 14/11/1985 to 30/11/1988 he (plaintiff) paid a sum of Rs. 13,875. 00. On 22/6/1988 appellant-defendant in presence of the witnesses entered into an agreement of sale in regard to the disputed property and it was settled between the parties that the sale-deed would be executed on 5/9/1981. The defendant failed to execute the sale-deed even after giving notice by the plaintiff. Hence a suit for specific performance was filed by plaintiff/respondent.

(3.) THE defendant/appellant resisted the suit by filing his written statement in which he has categorically denied the execution of the agreement. According to the written statement of defendant, he did not receive amount of Rs. 13,875. 00. The document of agreement of sale is a fictitious document. The defendant is still in possession of the suit property as of his own.