AMARENDRA NATH GHOSAL Vs. BRIJ MOHAN AGARWAL

JUDGEMENT

(1.) This is an appeal by the defendant No. 1 assailing a decree, inter alia, directing him to pay Rs. 30,000/- (Rupees thirty thousand) only to the plaintiff together with interest at the rate of 10% (ten) per centum per annum from December 25,1983 till the payment to the plaintiff. A suit for specific performance of contract was instituted by the plaintiff/ respondent No.1. He alleged that the defendant No.1, who is the appellant before this Court, agreed, for self and on behalf of his children, to convey two cottah of land at premises Nos. 54 and 55, Ballygunge Gardens, Calcutta, to the said plaintiff. The price was fixed at Rs.75, 000/- (Rupees seventy five thousand) only per cottah. However, the defendant No.1 was not agreeable to enter any formal agreement for sale, but accepted Rs. Rs. 30,000/- (Rupees thirty thousand) only as earnest money by executing a document. Although the document was described as a demand promissory note, but, in fact, the defendant no. 1 accepted the said sum towards earnest money for self and on behalf of his children. Subsequently, the defendant No.1 for self and on behalf of his children agreed to convey the entire four cottah seven square feet of land in the said premises in favour of the plaintiff. When the defendant No. 1 refused to execute the deed, the plaintiff instituted the suit for specific performance of contract, alternatively, for refund of the earnest money.

(2.) The defendant No.1 contested the suit by filing a written statement. He denied that there was ever any agreement between the defendant No.1 and the plaintiff to convey two cottah of land or four cottah seven square feet of land to the plaintiff.

(3.) The defendant Nos. 2 to 5, also, filed their separate written statement and denied the plaint allegations.