NIMAI CHARAN DEEP Vs. DROUPADI SUNA

JUDGEMENT

(1.) The respondent as the plaintiff had filed the Title Suit No. 71 of 2001 in the court of Civil Judge (Sr. Division), Bolangir with the prayer for a decree of realization of Rs. 28,000/- (Rupees twenty eight thousand) from the appellant defendant along with interest @ of 12% per annum from the date of registration of the sale-deed (Ext. 5) i.e., 13.01.2000 till realization, further claiming compensation of Rs. 48,000/- (Rupees forty eight thousand). It may be stated here that the original claim of Rs. 28,000/-, is said to be the agreed consideration for sale of the land which is the subject matter of the sale-deed, Ext. 5 remaining unpaid by the defendant-vendee to the plaintiff-vendor.

(2.) The suit having been decreed in part for recovery of sum of Rs. 28,000/- from the defendant with interest @ of Rs. 6% per annum w.e.f. 13.01.2000 till realization; the defendant being aggrieved had carried an appeal under section 96 of the Code of Civil Procedure. That having been dismissed by confirming the judgment and decree passed by the trial court, the present second appeal has been field.

(3.) Plaintiffs case is that she being the owner of the land as described in the registered sale-deed dated 13.01.2000 (Ext. 5) had agreed to sale the same to the defendant for consideration of Rs. 28,000/-, although in the deed, it was indicated to be Rs. 25,000/- which is said to be for the purpose of avoiding stamp duty wholly at the instance of the defendant. Although the sale-deed was executed on 12.01.2000 and registered on 13.01.2000, yet the consideration as agreed for the purpose of said sale is said to have not been paid by the defendant-vendee to the plaintiff-vendor. Therefore, on 13.01.200, he had executed an agreement (Ext. 1) undertaking to pay a sum of Rs. 28,000/- in installments. Since the defendant had failed to pay the said amount as agreed upon, the plaintiff states to have neither delivered the original sale-deed to him nor the possession of the suit land as covered under the said deed. So, the suit came to be filed seeking the reliefs as aforesaid.