BHAJAMAN BEHERA Vs. BISHNU CHARAN PATTANAIK

JUDGEMENT

(1.) This appeal at the instance of the defendant assails the confirming judgment of the learned Addl. Civil Judge (Senior Division), Puri in Title Appeal No.15/104 of 1994/1992.

(2.) Case of the plaintiff-respondent was that the defendant agreed to sell the suit property for a consideration of Rs.4,000/- to press his legal necessity. Defendant had executed an agreement to sell on 19.5.1987 in his favour on receipt of advance of Rs.2,167/-. It was agreed that the sale was to be executed within three months and fifteen days after receipt of the balance amount of Rs.1,833/-. Possession was delivered to him. He requested the defendant to receive the balance consideration and execute the sale deed, but the defendant maintained a sphinx like silence. He had sent balance consideration amount of Rs.1,833/- by money order and notice to the defendant to execute the sale deed after receipt of the amount. But then, the defendant did not execute the sale deed. With this factual scenario, he instituted the suit for specific performance of contract.

(3.) Defendant filed the written statement pleading that the agreement Ext.1 was executed as security loan of Rs.2,000/- returnable within three and half months. A further agreement was executed simultaneously on the same day to return the agreement after receipt of Rs.2,187/-.