SURENDRANATH PATRO Vs. SURESH KUMAR PADHI

JUDGEMENT

(1.) The defendant is the appellant against a confirming judgment.

(2.) The plaintiff-respondent instituted the suit for specific performance of contract. The case of the plaintiff was that the defendant agreed to sale the suit house to him for a consideration of Rs.24/- per sq. ft. He executed an agreement on 25.1.92. He received Rs.50,000/- towards part consideration promising to get the land measured and to execute the sale deed within 60 days after receiving the balance consideration. The extent of land had to be demarcated by the defendant. The plaintiff approached the defendant several times, but all his persuasions ended in a fiasco.

(3.) The defendant resisted the claim of the plaintiff on the ground that though the agreement was executed on 25.1.92, he had not received Rs.50,000/- towards part consideration. Consideration was fixed at Rs.1,20,000/-. Earlier an agreement was executed on 1.9.1991. The same was cancelled as the plaintiff committed a breach of contract. Advance amount of Rs.50,000/- was paid in respect of the earlier amount had been forfeited. The agreement had not been acted upon and as such unenforceable.