LAKHA SINGH Vs. RATTAN KAUR AND OTHERS

JUDGEMENT

(1.) The appeal is filed by the plaintiff whose suit for specific performance was decreed at the trial Court and reversed in appeal by the Appellate Court on finding that the plaintiff who was trying to seek for enforcement of an agreement on plea that whole of consideration had been paid but the documentary evidence did not allow for such an inference and the manner of enforcement would cause grave hardship to the defendant and hence, the plaintiff cannot have the remedy other than the amount of Rs. 4.90 lacs which was admitted under the document to have been paid, to be returned to the plaintiff.

(2.) The plaintiff is in appeal against the judgment to contend that the Courts have not properly conisdered of the documentary evidence and has taken up a plea of grave hardship to the defendant even without such a plea therefor. Better particulars of the case would require to be set out for understanding the dispute between parties.

(3.) The plaintiff held an agreement of sale from the defendant through an instrument dated 21.11.1998 for sale of 24 kanals 17 marals of land that was agreed to be sold at Rs. 3 lacs per acre. The amount of '2.87 lacs had been paid as earnest and the date for completion of the sale transaction was fixed as 7.6.1999. It would appear that the sale deed was drawn up on 1.6.1999 for 24 kanals 17 marals in relation to the same property but the consideration had been stated as '4.90 lacs including '2.87 lacs paid as earnest and the defendants were reported to have accepted that the entire sale consideration had been received. Admittedly, the document had not been presented for registration by the plaintiff having obtained himself a sale deed although they were written on stamp paper but took the unregistered sale deed as evidence of agreement of sale and filed the suit for specific performance. The plaintiff was contending that although '4.90 lacs had been recited as consideration, actually the consideration was Rs. 9,31,875/- and the recital found in the unregistered sale deed as the entire sale consideration as having been paid must be understood as the entire consideration of Rs. 9,31,875/- has already been paid.