MASTRAM Vs. KARELAL (THROUGH LRS)

JUDGEMENT

(1.) The present revision petition is filed under Section 115 of the Code of Civil Procedure [for brevity " the CPC"] challenging the order dated 2-12-2010 passed by the learned IV Civil Judge, Class-2, Damoh in MJC No.18/2010 whereby the application filed by the applicant under sections 151 and 152 of the CPC for correction in the decree dated 9-11-2009 has been rejected.

(2.) The facts which are requisite to be stated are that the applicant filed a suit for specific performance of contract stating inter alia, that there was an agreement entered into between the parties on 5-7-2008 and the non-applicant agreed to sell the disputed land for a sale consideration of Rs.29,500/-. The applicant had given Rs.21,000/- to the non-applicant and the possession was given but due to non-availability of Rin Pustika sale-deed could not be executed. Later, the non-applicant refused to execute the sale-deed and, therefore, the applicant filed a suit for specific performance of the contract seeking a direction to the non-applicant to execute a registered sale-deed in respect of the land in question - situated in Patwari Halka No.25, Khasra No.113/1, admeasuring 0.34 hectare out of 0.82 hectare. Alternatively, if the Court finds it not possible to pass a decree for specific performance of contract then the non- applicant be directed to return the amount along with interest.

(3.) After issuance of notice, the non-applicant chose not to file reply and the trial Court framed the issues - as to whether the applicant is entitled to for execution of sale-deed on the basis of the agreement dated 5-7-2008 for 0.34 hectare of the disputed land which was. The issue was found proved that the applicant had paid the entire amount to the non-applicant on 5-7-2008 and 11-11-2008. Issue Nos.3 and 4 were also decided in favour of the applicant.