MALTIDEVI GOYAL Vs. ANJANA AGRAWAL

JUDGEMENT

(1.) The appellants/plaintiffs have filed the present first appeal being aggrieved by the judgment and decree dated 8.5.2000 passed by Additional District Judge, Indore (Special Judge) in Civil Suit No.30-B/1999 by which the suit for recovery of Rs.4,25,101/- has been partly decreed.

(2.) Facts of the case, in short, are as under. The plaintiff No.1 is mother of plaintiff No.2 and defendant No.1 is wife of defendant No.2, whose name has been deleted from the cause-title of memo of appeal during pendency of this appeal. An agreement to sale dated 10.7.1992 (Ex. P/1) was executed between the plaintiff No.2 and respondent No.1 for sale of Flat No.107, Rajani Building, Indore (hereinafter, for short, "the disputed flat"). On the same date, hand-written agreement was torn out by plaintiff No.2 and the agreement (Ex. P/1) was executed in total sale-consideration of Rs.4,51,000/-. According to the plaintiffs, they paid Rs.3,25,000/- by way of cheque to defendant No.2 on behalf of defendant No.1.

(3.) Defendants served a legal notice dated 5.1.1993 to the plaintiffs that the balance amount of the sale consideration has not been paid within the time stipulated as per condition No.5, therefore, the advance amount paid has been forfeited.