KAILASH AGRAWAL Vs. SURENDRA SINGH

JUDGEMENT

(1.) In this petition under Art. 227 of Constitution of India, the petitioner has assailed the order dated 25/03/2015 (Annexure P/1) passed by 3rd Civil Judge, Class-II, Ashoknagar, Dist. Ashoknagar (M.P.), whereby, the application filed by the petitioner under section 33, 35 & 38 of Indian Stamps Act, 1989 (for brevity, 'Act') has been rejected.

(2.) Brief facts leading to filing of this case are that the petitioner/ plaintiff had entered into an agreement to sale dated 13/06/2013 with regard to sale of old house situated in Kasba Ashoknagar. It was agreed between the parties that the sale deed shall be executed upto 25/06/2013. The petitioner insisted the respondent to execute the sale deed. However satisfactory response was not received, therefore, legal notice dated 14/08/2013 was served on the respondent. Even then sale deed was not executed by the respondent. Having no option, the petitioner filed a suit for specific performance of the agreement dated 13/06/2013.

(3.) Written statement was filed by the respondent denying the plaint averments. It was pleaded that the plaintiff by playing fraud had manage to execute the agreement.