NIRMAL RANI Vs. GANPAT RAI AND OTHERS

JUDGEMENT

(1.) Aggrieved by order dated 12.4.2012 Annexure P/1 passed by the trial court, plaintiff Nirmal Rani has filed this revision petition under Article 227 of the Constitution of India to assail the said order. By the said order, the trial court has dismissed the application Annexure P/2 filed by the plaintiff for additional evidence.

(2.) It is undisputed that the defendants agreed to sell suit property to plaintiff vide agreement dated 26.6.2008 and target date for sale deed was 10.12.2008. Plaintiff's case is that she has always been ready and willing to perform her part of the contract and had sufficient funds for getting the sale deed executed in terms of the agreement but the defendants failed to obtain necessary permission from the authorities for executing sale deed. Accordingly, the plaintiff has filed suit for recovery of double of earnest money.

(3.) Stand of the defendants is that they have always been ready and willing to perform their part of the contract and no permission is required from any authority for executing the sale deed, but the plaintiff herself was not ready and willing to perform her part of contract as she did not have the balance sale price.