JAGANNATH SAHU Vs. SANTOSH KUMAR PANDA

JUDGEMENT

(1.) Defendants 3 and 4 are the appellants against a confirming judgment.

(2.) The plaintiff-respondent no.1 instituted the suit for specific performance of contract and in the alternative for refund of consideration amount of Rs.40,000/-. The case of the plaintiff was that the suit property was recorded in the name of defendant no.1, father of defendant no.2. Defendants 1 and 2 approached the plaintiff to sell the land. The plaintiff agreed to purchase the same. The consideration amount was fixed at Rs.75,000/-. On 10.6.1993 defendants 1 and 2 executed an agreement to sell, Ext.2 in favour of the plaintiff and received an amount of Rs.40,000/- towards part consideration. The plaintiff was ready and willing to perform the part contract. The defendants 1 and 2 avoided the same. On 18.4.1995, the plaintiff issued a legal notice to defendants 1 and 2 to execute the sale deed, but there was no response. It is further pleaded that the defendants 3 and 4 have purchased a portion of the suit property from defendants 1 and 2 by means of a R.S.D.No.676 dated 16.8.1994 for a consideration of Rs.50,000/-, Ext.A/1. With this factual scenario, he instituted the suit seeking the reliefs mentioned supra.

(3.) Defendants 1 and 2 filed written statement pleading inter alia that they had not executed any agreement to sell in favour of the plaintiff. They sold a portion of the suit land to defendants 3 and 4 for valid consideration and delivered possession. Defendants 3 and 4 filed written statement stating that they are bona fide purchasers for value. They are in possession of the suit land.