ANNAPURNA DUBBY Vs. CHAMPALAL ALIAS CHAUA

JUDGEMENT

(1.) THE plaintiff has preferred this appeal under Section 96 of the Code of civil Procedure, 1908 assailing the judgment and decree dated 9-2-2007 passed by learned First Additional District Judge, Hoshangabad in Civil Suit no. 84-A/2006, whereby the suit for specific performance of contract has been dismissed and a decree to return Rs. 13,000/- with interest has been passed.

(2.) IN brief, the case of plaintiff is that agricultural land bearing Survey no. 19/3 is of defendant No. 1, Champalal @ Chaua. In order to marry his daughter, defendant on account of legal necessity entered into an agreement with the plaintiff to get the suit property sold to her for Rs. 96,000/- and a document of agreement of sale was executed on 18-9-2002. The plaintiff also paid Rs. 13,000/- on the insistence of defendant No. 1 to one Shekh Salim to cancel the agreement which was between Shekh Salim and defendant No. 1. Despite the insistence of plaintiff, defendant did not perform his part of performance although he had already received a sum of Rs. 83,000/- from the plaintiff as earnest money. Hence suit for specific performance of contract has been filed by the plaintiff.

(3.) DEFENDANT No. 1-Champalal filed written statement and refuted the plaint averments. In the written statement, it has been denied that he ever entered into an agreement with the plaintiff to get the suit property sold for a consideration of Rs. 96,000/- out of which an amount of Rs. 83,000/- had already been paid to him. Indeed, execution of the document of agreement of sale itself has been denied by the defendant-Champalal.