(1.) This first appeal has been filed by the plaintiff challenging the judgment and decree respectively dated 31.10.2006 and 09.11.2006 passed by the learned Additional Civil Judge (Senior Division), Puri in Title Suit No.80/31 of 2005/1999.
(2.) The plaintiff-appellant filed the aforesaid suit for specific performance of contract for sale with the following averments: The suit property appertaining to plot no.980, Ac.0.050 under Khata no.594 in mouza-Manikarnika of Puri Town with a house thereover belonged to late P.Laxmi Nrusingha Sanyasi Raju, the king of Salur, who in order to create a trust in his name in the temple of Lord Jagannath, Puri, proposed to sell the suit property and the plaintiff agreed to purchase the same and agreement (Ext.12) was accordingly executed by the vendor on 03.02.1996 and the consideration for the property was fixed at Rs.1,10,000/-. A sum of Rs.10,000/- was paid by the plaintiff as earnest money, receipt whereof has been acknowledged in the agreement. It was stipulated that the balance amount will be paid by the plaintiff by the end of December, whereupon the sale deed will be registered in her favour. On the date of agreement the delivery of possession of the suit property was given to the plaintiff. It is further asserted that the plaintiff on several occasions paid some amounts towards part consideration as per request of the vendor. It is stated that as per the understanding between the parties the plaintiff spent Rs.2,575/- for repair of the house standing over the suit land and that he paid Rs.5,000/- to one Sashi Sekhar Rath on the instruction of the vendor. Between 25.01.1996 and 13.02.1996 the vendor had taken a total sum of Rs.46,665/- on different dates. On 17.07.1996, 12.09.1996 and 03.11.1996 part consideration amount totaling Rs.16,000/- was paid by the plaintiff's husband to the vendor at the vendor's residence. Between 28.01.1997 and 29.07.1997 on four occasions, the plaintiff's husband paid to the vendor a sum of Rs.20,000/- towards part consideration at the vendor's residence. The plaintiff in good faith continued to pay part consideration amounts at regular intervals and by the date 29.07.1997, the plaintiff had already paid to the vendor Rs.1,02,240/-. The vendor fell ill for which the sale deed could not be executed and registered by the time stipulated in the agreement. As per the desire of the vendor, the balance amount of Rs.7,760/- was to be deposited in the temple of Lord Jagannath, for the purpose of offering Bhoga. The vendor, the Raja of Salur, however, breathed his last without registering the sale deed in favour of the plaintiff. Thereafter, the plaintiff called upon defendant nos.2 to 4, the legal heirs of the vendor to execute and register the sale deed on receiving the balance consideration amount, but to no avail.
(3.) Defendant no.1 is the wife and defendant nos.2 to 4 are the sons of the vendor. One L. Indira Devi, who claims to be the second wife of the king (vendor) and her children were impleaded as defendant nos.5 to 7.