NAINSUKH Vs. RAMESH KUMAR

JUDGEMENT

(1.) This appeal has been preferred against the judgment and decree dated 14.05.1998 passed by the III Additional District Judge, Chhindwara in Civil Suit No. 63-A/96 whereby the respondent / plaintiff's suit has been decreed against the appellant / defendant for payment of Rs. 30,000/- along with 18% interest per annum.

(2.) The respondent / plaintiff filed civil suit No. 63-A/96 before the Trial Court for claiming decree of specific performance of contract and in absence for recovery of damages of Rs. 30,000/- with interest. The respondent / plaintiff's case is that on 06.10.1996, the respondent and the appellant entered into an agreement for sale of land bearing Khasra no. 384/7 (0.008 hectare) situated in New Market at Village Harrai, District Chhindwara. It is alleged that the appellant received advance money of Rs. 30,000/- from the respondent and sold disputed land to the respondent on the condition that if he returned the money within six months, the agreement of said plot would stand canceled. After passing of considerable time when the appellant denied execution of sale deed in favour of respondent, notice was given to the appellant by the respondent. Thereafter, the suit was filed.

(3.) In reply, appellant totally denied the averments made in the plaint. He submitted that he signed upon a blank paper which was misused by the respondent. He further sated that he executed mortgage ikrarnama. He was the tenant of the respondent shop at the rate of Rs. 400/- per month. The appellant got Rs. 30,000/- in advance for constructing a shop himself. In option, he shall vacate the shop and handed blank signed paper to the respondent. The shop of the respondent was vacated by the appellant but the respondent did not returned his blank signed paper. Therefore, the suit filed by the respondent is not maintainable.