UPENDRA NATH DAS Vs. NIRUPAMA BHARALI

JUDGEMENT

(1.) This First Appeal has been filed by the defendant against judgment and decree of the trial Court decreeing the suit of the plaintiff/ respondent for specific performance of contract for the sale of a plot described in the agreement of sale.

(2.) The case of the plaintiff/respondent as disclosed in the plaint was that the defendant entered into an agreement of sale for a plot of land measuring 15 Lechas out of 2 Kathas covered by K.P. Patta No. 25 Dag No. 466 and 467 of village Maligaon Mouza Jalukbari in Guwahati. The agreement was that the plaintiff would give a sum of Rs.3,00,000.00 (Rupees three lakhs) which was initially less than the aforesaid amount. A sum of Rs. 10,000.00 (Rupees ten thousand) was given as advance amount on 13.3.93. On various other dates, some more amount was paid by the plaintiff to the defendant which totalled Rs. 47,000.00 (Rupees forty seven housand).

(3.) The defendant/appellant contested the suit of the plaintiff on the ground that it was riot maintainable and that the suit was barred by limitation. The defendant, however, admitted the receipt of Rs. 10,000.00. It is the further plea of the defendant that the plaintiff to pay the consideration money at the relevant time for registration of the sale deed and that he is not bound to execute the sale deed.