RATANSINGH Vs. MAHESH

JUDGEMENT

(1.) This appeal is by the defendant being aggrieved by the judgment and decree dated 11.05.2010 passed by the District Judge, Ujjain in Civil Suit No.58A/2006 by which the suit for specific performance has been decreed in favour of the plaintiffs.

(2.) Facts of the case are as under:

(3.) According to the plaintiffs the advance amount was paid by way of bankers cheque to the defendant No.1. The defendant No.1 has also executed power of attorney in favour of the plaintiffs on 13.8.2005 which was prepared by Advocate Shri Arvind Gour. The plaintiffs were always ready and willing to get the sale deed executed by making payment of entire sale consideration. During this intervening period defendant No.1 was in need of money, therefore, he demanded the same from the plaintiffs and the plaintiffs have paid amounts on various occasion by way of cheque and cash and a total amount of Rs.15,01,000/- has been paid to the defendant till filing of suit. The description of the said payment is mentioned in para-7 of the plaint.