PRAMILA MOHAPATRA Vs. NARAHARI DAS

JUDGEMENT

(1.) Sashikanta Mishra, J. This is an appeal by the plaintiff against a reversing judgment passed by the learned Addl. District Judge, Fast Track Court No.III, Bhubaneswar in Title Appeal No.2/8/14 of 2002-2001 on 11/10/2022 followed by decree, whereby the judgment dtd. 11/5/2001 followed by decree passed by the learned Civil Judge (Sr. Division), Bhubaneswar in T.S. No.222 of 1985 was reversed.

(2.) For convenience, the parties are referred to as per their respective status before the trial court.

(3.) The plaintiff's case is that she decided to purchase a piece of land at Bhubaneswar. The defendant nos.1 to 3 proposed to sell the suit property, for which they entered into negotiation with the plaintiff. The price of the property was fixed at Rs.10,000.00 and on receipt of Rs.1,500.00 towards part payment of consideration, defendant no.1, as 'karta' of the family, executed a registered agreement in favour of the plaintiff to the effect that they would sell the suit property on or before 10/7/1984. The plaintiff was ready and willing to pay the balance consideration money and regularly contacted the defendants with request to execute the sale deed, but the defendants allegedly deferred the execution on some plea or the other. In the meantime, the plaintiff came to know that defendant nos.1 to 3 had already executed a registered sale deed in favour of defendant no.4 in respect of the suit land making certain false representations regarding the suit land in the said sale deed. It is the further case of the plaintiff that defendant no.4 was never put to possession of the suit land. On such facts, the plaintiff filed the suit for specific performance of contract along with incidental reliefs.