MST. BACHNI Vs. MANGAL SINGH

JUDGEMENT

(1.) THIS it Defendant's appeal against whom the suit for the recovery of Rs, 23,000/ - has been decreed by the trial Court.

(2.) PLAINTIFF Mangal Singh filed this suit for recovery of Rs. 30,000/ - on the allegations that according to the agreement executed by the Defendant, Smt. Bachni, in his favour on 23rd July, 1971 (Ex. P1) by which the Defendant had agreed to sell her land, measuring 19 Kanali 17 Marias of land for Rs. 90,000/ -. According to the Plaintiff, the Defendant received a sum of Rs. 23,000/ - as earnest money. It was further pleaded that the Defendant had not executed the sale deed in accordance with the terms of this agreement upto 15th July, 1972, the date fixed for execution of sale deed in spite of the fact that the Plaintiff was always ready and willing to get the same executed. According to the terms of the agreement, if the Defendant did not execute the sale deed by 15th July 19'2, she was liable to return Rs. 23.000/ - received by her, as earnest money and an equal amount as compensation, to the Plaintiff for damages However, the Plaintiff only claimed Rs. 7.000/ - by way of damages together with a prayer fir the refund of earnest money of Rs. 23,000/ -.

(3.) IN the replication filed on behalf of the Plaintiff, the allegations in the plaint were reiterated. It was denied that he received any amount of Rs. 9,200/ - or that he executed any agreement dated 27th November, 1973 (Ex. D1) or that he had abandoned his rights in the sale agreement Ex. P1. On the pleadings of the parties, the trial Court framed the following issues: