SHRAWN BYOHAR Vs. ASHISH KUMAR AND OTHERS

JUDGEMENT

(1.) This first appeal filed under section 96 of the CPC is directed against the judgment and decree passed in Civil Suit No.9- A/91 dated 9.10.1995 by the learned Ist ADJ, Chhindwara. By the impugned judgment, the suit for specific performance filed by the plaintiffs was decreed. The plaintiffs were directed to pay remaining amount of sale consideration (Rs.1,20,000/-) to the defendant No.1 and, in turn, the said defendant was directed to execute the sale-deed. It is further ordered that if defendant No.1 fails to execute the sale-deed within one month after receiving the amount, the court will undertake the aforesaid exercise of Registration of sale deed on behalf of defendant No.1. If defendant No.1 refuses to receive the remaining sale consideration, the plaintiffs shall deposit the said amount in the court and in that event, they will be entitled to get the registry executed.

(2.) The plaintiffs instituted the suit for specific performance on 19.12.1990 in respect of an immovable property. The property belongs to respondent No.1, who admittedly entered into an agreement of sale with plaintiffs on 31.7.1989 (Ex.P/17) for land measuring 4.22 acre. Rs.5,000/- was paid by the plaintiffs as earnest money to defendant No.1 out of total sale consideration of Rs.1,25,000/-. The plaintiffs in the plaint contended that despite repeated requests by them, the defendant No.1 did not execute the sale deed. The repeated legal notices sent by plaintiff No.1 could not fetch any result. Having left with no option, the instant suit was filed praying for issuance of decree of specific performance against defendant No.1.

(3.) The defendant No.1 filed his written statement and denied the claim of the plaintiffs. The defendant No.1 assigned reasons for not executing the sale deed. He narrated the reasons which compelled him to enter into such agreement to sale. He pleaded that he is a poor person and under unavoidable circumstances, was required to enter into such agreement.