JAMINIKANTA SARMA Vs. PURNIMA DAS PAUL

JUDGEMENT

(1.) The appellant, who was the defendant in TS No. 2/2001, is before this Court being aggrieved by the judgment dated 8.3.2002 and the decree dated 15.3.2002 passed by the learned Civil Judge(Senior Division) Morigaon, decreeing the suit of the respondent-plaintiff for specific performance of contract.

(2.) We have heard Mr. A.C. Sarma, learned counsel for the appellant and Mr. CKS Baruah, learned Senior Counsel assisted by Mr. AS Choudhury, for the respondent.

(3.) The facts in brief leading to the filing of the appeal are that the respondent-plaintiff filed the aforementioned suit contending that the appellant-defendant is the owner of the suit property who being in need of money proposed to sell the same to her. A registered agreement for sale being Deed No. 1042 dated 30.6.99 was executed between parties. The price of the property was fixed at Rs.2,20,000/- out of which Rs. 1,20,000/- was paid by the respondent-plaintiff to the appellant-defendant on the date of execution of the agreement. It was agreed between the parties that the remaining amount would be paid by 30.9.99 whereupon the deed of sale would be executed by the appellant-defendant after obtaining necessary permission etc. Due to unavoidable reasons, the time for execution of the sale deed was thereafter extended by the agreements dated 30.9.99 and 19.11.99. The parties, however, on 26.10.99 went to the Registration Office, Morigaon, where the sale deed was written. The respondent- plaintiff thereafter paid the balance consideration of price of Rs. 1,00,000/- to the appellant-defendant who thereafter signed the sale deed in the presence of the witnesses. But subsequently, at the instance of some interested persons, the appellant-defendant changed his mind and left the place without presenting the sale deed for registration before the registering authority. The son of the appellant-defendant Sri Ranjit Sarma also filed a suit being T.S.No. 29/99 in the Court of the learned Civil Judge(Junior Division) Morigaon, against the respondent-plaintiff and others for a declaration that the signature of the appellant-defendant and his sons as witnesses were taken on the sale deed forcefully and for a decree for permanent injunction restraining the registering authority from registering the said sale deed. Initially, temporary injunction was granted as prayed for in the connected Misc. Case. Eventually, after hearing the written objection filed by the respondent-plaintiff, the same was vacated. The respondent-plaintiff pleaded that she had paid the entire consideration price of Rs.2,20,000/- and has always been ready and willing to perform her part of the contract but the appellant-defendant without any justification failed to perform his part and, therefore, she was entitled to a decree for specific performance in terms of the prayer made in the plaint.