SANTOSH DEVI Vs. JAI NARAIN AND ANOTHER

JUDGEMENT

(1.) Defendant no. 2 Smt. Santosh Devi has filed this second appeal. Respondent no. 1 plaintiff Jai Narain filed suit against proforma respondent no. 2 Smt. Suresh as sole defendant. However, Santosh Devi appellant was impleaded as defendant no. 2 because during pendency of the suit, she had purchased the suit land from the original defendant Smt. Suresh vide sale deed dated 1.5.2006.

(2.) Case of the plaintiff is that Suresh defendant no. 1 agreed to sell suit land measuring 13 kanals 14_1/2 marlas to the plaintiff for Rs. 3,85,000/- and received Rs. 3 lacs as earnest money and executed agreement dated 12.11.1997. Sale deed was agreed to be executed upto 15.6.1998. However, on 12.6.1998 with mutual consent of both the parties, date for execution of the sale deed was extended to 12.8.1998 by making endorsement on the back of the agreement. Plaintiff remained ready and willing to perform his part of the contract but defendant no. 1 committed breach thereof. Accordingly, the plaintiff filed suit for possession of the suit land by specific performance of the impugned agreement.

(3.) Defendant no. 1, who was originally sole defendant, admitted the factum of agreement dated 12.11.1997 between the parties. However, defendant no. 1 pleaded that sale consideration was agreed to be Rs. 30,85,000/- and not Rs. 3,85,000/-. It was also pleaded that earnest money of Rs. one lac was only paid. It was denied that the defendant no. 1 received Rs. 3 lacs as earnest money. It was pleaded that first page of the agreement has been changed by tampering figures therein i. e. by tampering figure of earnest money from Rs. one lac to Rs. three lacs and by tampering figure of sale consideration from Rs. 30,85,000/- to Rs. 3,85,000/-. It was pleaded that defendant no. 1 always remained ready and willing to perform her part of the agreement and even attended the office of Sub Registrar on 15.6.1998 to execute the sale deed in terms of the agreement but the plaintiff himself committed breach of the agreement. Endorsement regarding extension of date of execution of sale deed was denied. It was pleaded that on failure of the plaintiff to get sale deed executed, the agreement stood cancelled and the earnest money stood forfeited. Various other pleas were also raised.