DILLIP KUMAR PATRA Vs. M GOPIKRISHNA RAO

JUDGEMENT

(1.) The respondent, being the plaintiff before the learned Civil Judge (Senior Division), Berhampur, filed T.S. No. 128 of 1997, for specific performance of contract, where the appellant was the defendant.

(2.) The factual matrix of the case, in hand, is that there was an agreement between the parties on 21.08.1995 wherein the appellant had agreed to sell the disputed property measuring Ac. 0.44 cents for Rs.2,17,844/- to the respondent and to execute the sale deed within a period of seventeen months from the date of agreement. Accordingly, the respondent paid a sum of Rs.35,001/- to the appellant towards advance consideration. As the appellant did not execute the sale deed, the respondent filed aforementioned suit, in which the appellant appeared, pursuant to notice issued by the Court, and filed his written statement stating that he is ready and willing to perform his contract and the respondent be directed to deposit the entire balance consideration amount with interest in Court. Accordingly, the learned Civil Judge (Sr. Division), Berhampur decreed the suit on 07.04.2001 directing the appellant to execute the sale deed in favour the respondent within one month of the decree and the respondent to pay the balance consideration amount of the agreed value within the said period, failing which the respondent would be at liberty to get the sale deed executed and registered through Courts.

(3.) The appellant did not execute the sale deed as per the decree, but gave a false notice to the respondent stating that on 28.05.2001 he would execute the sale deed. On receiving the notice, the respondent had been to the office of Sub-Registrar, along with the balance consideration money.