NANDA KISHORE CGOUDHURY Vs. BISWAJEET CHOUDHURY

JUDGEMENT

(1.) The instant appeal is preferred by the plaintiff against the judgment and decree dated 26.8.02, passed by the learned Civil Judge (Senior Division) No. 1, Guwahati in Title Suit No. 60/95, refusing to grant the decree of Specific Performance of Contract for sale of the suit property, though decreeing the suit of the plaintiff with costs of Rs. 65,000/- with interest @ 12% per annum from 11.5.1992 till realization and consequently thereupon directed the defendants to pay the decreetal amount within one month and on receipt of the payment, the plaintiff was directed to deliver possession of 61/4 lechas of land to the defendants, which is in possession of the plaintiff, in pursuance to the agreement for sale executed between him and the defendants and being aggrieved by the judgment and decree off the trial court is the appellant herein.

(2.) The brief facts necessary for disposal of the appeal are that on 11.5.1992, an agreement for sale of a plot of land measuring 12 lechas covered by Dag No. 104 of K.P. Patta No. 4 of village Bharalumukh gaon, Mauza Jalukbari, District, Kamrup, along with an Assam type house standing thereon, was executed between the plaintiff-appellant and the defendants/respondents at a price fixed at Rs. 1,65,000/-. One of the term of agreement, as stipulated, was that the plaintiff-appellant w:ill have to pay Rs. 65,000/- only on the date of agreement, with a further stipulation that, the balance amount of Rs. 1,00,000/- shall have to be paid on the date of final execution and registration of the final sale deed within one month of the sale permission, obtained by the defendants. In pursuance of the execution of agreement for sale the defendants have delivered possession of half of the suit land measuring 6% lechas, keeping the other 61/4 lechas in possession of the defendants.

(3.) The plaintiff has further averred in the plaint that the defendants did not take any steps to obtain the sale permission from the concerned authority, inspite of repeated requests to obtain the same for finalisation of the contract as agreed upon though the amount as stipulated in the agreement has been paid on the date of agreement for sale. Therefore, the defendants have failed to execute the contract, though he was/is agreed and ready to pay the balance amount and the defendants having failed to execute the final sale deed, he had filed the suit for specific performance of contract praying for a decree against the defendants jointly and severally with the following prayer: