PREMALATA MUDULI Vs. ABHIMANYU BEHERA

JUDGEMENT

(1.) This Second Appeal has been filed by the defendants challenging the judgment and decree passed by the learned 2nd Additional District Judge, Cuttack in Title Appeal No.74 of 1993, whereby the First Appellate Court allowed the cross-appeal filed by the plaintiff and decreed the suit for specific performance of contract. Earlier, this Court had disposed of this appeal by judgment dtd. 14/1/2016. However, the said judgment having been recalled in RVWPET No.40 of 2016, the appeal has been heard afresh and is being disposed of by this judgment.

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

(3.) Plaintiff's case is that he instituted the suit for specific performance of contract on the basis of an agreement dtd. 4/8/1986 (Ext.1) alleging that defendant no.1, who had acquired Ac.0.096 dec. of land under a registered deed of gift, agreed to sell Ac.0.040 dec. out of the same for a total consideration of Rs.20,000.00. Plaintiff pleaded that a sum of Rs.4,000.00 was paid as advance consideration and the balance amount of Rs.16,000.00 was agreed to be paid at the time of execution and registration of the sale deed within three years from the date of the agreement after obtaining permission from the Urban Ceiling Authority. According to the plaintiff, he was always ready and willing to perform his part of the contract, but the defendants failed to execute the sale deed for which he filed the suit. In the alternative to the relief for specific performance, he prayed for refund of the advance amount with interest.