SHANTI RATHORE Vs. RADHESHYAM

JUDGEMENT

(1.) The appeal has been preferred as against the judgment & decree dated 3.2.2007 passed by Shri Gulab Sharma,District Judge,Harda in civil suit no.4-A/05 decreeing the suit filed by plaintiff-respondent Radheshyam directing the refund of consideration of Rs.7 lacs along with interest @ 9% per annum from the date of filing of the suit.

(2.) The plaintiff averred that an oral agreement to sale was entered into by plaintiff Radheshyam with defendant Smt. Shanti Rathore. She is the widow and plaintiff used to help her. In the year 2002 the defendant expressed the desire to sell part of land owned by her at Mahendragaon. She wanted to sell 10 acres of agricultural land. The total consideration fixed was Rs.11,50,000/-.

(3.) The oral agreement was entered into on 26.5.2002. A sum of Rs.1,00,001/- was paid by the plaintiff to the defendant. The payment was made at village Mahendragaon. It was also agreed that amount was to be paid in installments and sum of Rs.7 lacs was paid in installments by 11.6.2002. Thus, total sum paid was Rs.8,00,001/-. On 11.6.2002 for satisfaction of plaintiff receipt was executed by defendant no.l,Smt. Shanti Rathore admitting that she had entered into an agreement for a sum of Rs.11 lacs 50 thousand and also admitted payment of Rs.7 lacs. On 15.7.2002 when plaintiff visited the defendant no. 1 along with sum of Rs.2,75,000/- and asked her to execute the sale-deed, sum of Rs.75,000/- was to be paid at Harda at the time of registration of sale-deed. She stated that she did not desire to sell the land to plaintiff. Ultimately the sale-deed was not executed. Consequently, suit was filed for specific performance.