MUCHIRAM @ MOCHIRAM BARIK Vs. SUNDARMANI BAG

JUDGEMENT

(1.) This is a plaintiff's appeal against the reversing judgment in a suit for specific performance of contract.

(2.) Case of the plaintiff is that the defendant was the owner of the suit plot. To press the legal necessity, the defendant executed an agreement on 9.4.1986 in his favour to sell the land for consideration of Rs.7500/- and received Rs.5500/- towards part consideration. It was agreed that the balance consideration amount of Rs.2000/- shall be paid at the time of registration of the sale deed. The defendant is a scheduled caste person. He filed an application before the Sub-Divisional Officer, Sambalpur to alienate the land. He did not take any steps, for which the case was dropped. The defendant sent a legal notice on 5.6.1989 to him stating that he has returned the advance consideration amount of Rs.5500/- to him. The notice is false. He is ready and willing to perform his part of contract and called upon the defendant to sell the land. With this factual scenario, he instituted the suit.

(3.) The defendant filed written statement denying the assertions made in the plaint. The case of the defendant is that the plaintiff approached him to sell the land. There was a residential house over the land. He agreed to sell the land for a consideration of Rs.7500/-. The valuation of the residential house was Rs.30,000/-. In order to get permission from the Revenue Officer, the plaintiff got an agreement to sell the land for a consideration of Rs.7,500/- and took his signature in the deed. The plaintiff paid an amount of Rs.5,500/- to him in advance. The plaintiff had to pay Rs.2,000/- for the land and Rs.30,000/- for the house. The question of sale of house was not incorporated in the deed of agreement, lest the Revenue Officer might not accord permission to sell the land along with the house. There was an understanding between the parties that after the permission is accorded, the plaintiff shall purchase the land together with the house from him on payment of balance amount of Rs.32,000/-. He filed an application before the Sub-Divisional Officer, Sambalpur for obtaining permission to sell the land. But the same was rejected. The S.D.O. directed the plaintiff to pay the reasonable market price of Rs.3000/- for decimal. The plaintiff refused the same.