BHAGABAN BEHERA Vs. KISHORE CHANDRA DASH

JUDGEMENT

(1.) This is a defendant's appeal against confirming judgment.

(2.) The respondent as plaintiff instituted O.S. No.187 of 1985-I in the court of the learned Sub-ordinate Judge, Puri for specific performance of contract impleading the appellant as defendant. The case of the plaintiff is that he was the owner of the suit schedule property. He was in need of money. He approached the defendant for loan. Since the defendant had no money lending license, he proposed the plaintiff to execute a sale deed in his favour in respect of the suit property and after repayment of money, he would reconvey the property in favour of the plaintiff. On 6.4.1984, the plaintiff executed the sale deed in favour of the defendant for a consideration of Rs. 6000/-. On the same day, the defendant executed an agreement to reconvey the property on refund of consideration amount within a year from the date of agreement. In the month of April, 1985 the plaintiff asked the defendant to execute the sale deed after receipt of the amount, but the defendant did not perform his part of contract. The plaintiff is ready to perform his part of contract. All the persuasions made by the plaintiff ended in a fiasco. With this factual scenario, he instituted the suit.

(3.) The defendant filed written statement pleading inter alia that the transaction between them was out and out a sale. The plaintiff sold the land for a valid consideration and thereafter delivered possession. It was further pleaded that he had executed a deed of re-conveyance of the suit land in favour of the plaintiff with a condition that the consideration amount of Rs. 6000/- shall be paid to him within one year. Since the plaintiff did not pay the consideration amount within the stipulated time, the said deed become null and void and became unforceable. Plaintiff had never asked him to take back the loan and to reconvey the suit land in his favour as per the agreement. He was not ready and willing to perform his part of contract.