JAGANNATH SAHU Vs. HARIHAR PRADHAN

JUDGEMENT

(1.) Plaintiff is the appellant against a reversing judgment and decree of the Additional District Judge, Puri, in a suit for specific performance of contract.

(2.) Plaintiff alleged that as he was in need of money he incurred some loan from the defendant and for that purpose he executed a registered sale deed in favour of the defendant in respect of certain items of properties on 27-11-1970 (Ext. 1). It was agreed to between the parties that in the event the plaintiff pays back Rs. 1200/- to the defendant within a period of five years from the said date, then the defendant would re-convey the properties. This agreement was also executed on the selfsame day, namely on 27-11-1970, which is Ext. 2. Thereafter though the plaintiff offered to pay the amount on several dates, but the defendant avoided. Ultimately on 1-10-1975, the plaintiff issued a registered notice (Ext. 3/d) to the defendant. Even then the defendant did not agree to reconvey the land. The plaintiff then by way of a bank draft on 13-11-1976 (Ext. 4) sent the sum of Rs. 1200/- to the defendant, but the defendant refused to accept the said bank draft. The postal endorsement indicating the refusal by the defendant is Ext. 4/s. Ultimately finding no other way, the plaintiff filed the suit.

(3.) The defendant in the written statement denied the allegations made in the plaint. According to him he has purchased the property under Ext. 1, but there has been no agreement between the parties to reconvey the land as alleged in the plaint. It was further pleaded that the plaintiff had failed to perform his part of the contract and, therefore, he was not entitled to a decree for specific performance.