TOKO KACH Vs. TECHI TALITA

JUDGEMENT

(1.) This is a first appeal challenging the judgment dated 20.09.2017, passed by the Civil Judge (Senior) Division, Capital Complex, Yupia, in Title Suit No. 22/2015. By the impugned judgment, the Suit of the appellant was dismissed.

(2.) The appellant filed a Suit for specific purpose of an agreement, dated 04.09.2013. Both the appellant and the respondent were known to each other. In the first week of September, 2013, the respondent requested the appellant to pay her Rs. 27,60,000/- as a loan. The respondent proposed that her residential plot of land measuring 1005 Sq. Mtrs. with structure standing thereon would be the security for repayment of the loan amount. Accordingly, the appellant paid the money on 04.09.2013 and on that day, the respondent issued a money receipt. Thereafter, on the same day, the appellant and the respondent had an agreement to the effect that upon the entire amount of Rs. 27,60,000/-, the respondent shall pay an interest @ 5% per month within the month of November, 2013. Both the sides also agreed that if the respondent had failed to repay the said loan amount then the aforesaid agreement dated 04.09.2013 shall be deemed to be a Sale Deed and the appellant would be entitled to have absolute ownership or other rights over the property of the respondent and in that case, the loan amount shall be considered to be the consideration amount.

(3.) Thereafter, the respondent failed to repay the money. The appellant then requested the respondent to execute the Sale Deed in respect of her properties in his favour but the respondent declined to do that. She requested the appellant to give her some more time to repay the money. The appellant also agreed to that. But till filing of the Suit, the respondent did not pay the money to the appellant.