LAXMI MAGAR Vs. KISHORIMONI PATEL

JUDGEMENT

(1.) THE defendants in M.S. No. 68 of 1978 of the court of Subordinate Judge, Sambalpur after having suffered from a decree for payment of money of Rs. 6500/ - together with interest at the rate of 6% per annum have preferred this appeal.

(2.) THE case of the plaintiff -respondent in the trial court is as follows :

(3.) THE trial court on careful appraisal of the evidence placed before it has, however, come to the conclusion that defendant No. 1 and her son received Rs. 6500/ - towards the earnest money for the agreement vide Ext. 1. The court below have held that defendant No. 1 executed an agreement for sale in favour of the plaintiff -respondent and she was present at the time of execution of Ext. 1. The contents of Ext. 1 were read over to defendant No. 1 and accordingly defendant No. 1 after having understood the contents put her L.T.I. and presented it for registration. It was agreed between the parties that the appellant would sale A 0.34 decimals in 'Demul chak' for a consideration of Rs. 1000/ - which would have been payable to them after getting permission and registration of the sale deed. P.W. 2 was an attesting witness to the sale deed. He also supported the plaint case. Thus there was an agreement by and between the appellants and the respondent for sell of A0.34 decimals for Rs. 10,000/ -. Pursuant to the said agreement defendant No. 1 applied for permission from the S.D.O. Sambalpur vide Ext. 2. But unfortunately permission for sale of the land by appellant No. 1 was not accorded. Thereafter no deed of conveyance could be executed by the appellants. Thus the plaintiff was obliged to file the suit for the earnest money paid to defendant No. 1.