MADHU VERMA Vs. URMILA DEVI

JUDGEMENT

(1.) The plaintiff-appellant has filed this first appeal against the judgment and decree dated 30-8-1999 passed by the learned Sub-Judge-IV, Patna in Title Suit No. 296 of 1996/20 of 1998 whereby the learned Court below refused to grant the decree for specific performance of contract and granted the alternative relief holding that the plaintiff is entitled for the alternative relief.

(2.) According to the plaintiff case, the plaintiff and the defendant No. 1 entered into an agreement to sell dated 30-3-1996 for consideration of Rs. 7.5 lakhs on the agreed terms incorporated in the agreement of sale. The defendant also received a sum of Rs. 51,000/-as earnest money which was to be adjusted in the total consideration amount. The further case is that the defendant had agreed to produce original gift deed dated 10-6-1982 by which the defendant had acquired title but in spite of repeated request by the plaintiff, the defendant did not produce the original gift deed and so the sale deed could not be executed due to failure of the defendant. Although, the plaintiff was always been repeatedly approaching the defendant. The further case is that the plaintiff has further paid rupees one lakh on 20-4-1996, Rs. 95,000 on 11-5-1996 and Rs. 5000/- on 12-5-1996, the total being.2,51,000/- including the earnest money. 30-6-1996 was the date fixed for execution and registration of the sale deed.

(3.) The further case is that because of non-production of the original gift deed doubt was created so the plaintiff served the legal notice on 4-5-1996 requesting the defendant to comply the mutually agreed terms and to executed the sale deed but the defendant replied on 24-6-1996 with wrong and misleading statement. The plaintiff was always and is still ready to pay the balance consideration amount and get the sale deed executed. The defendant No. 2 was knowing about the agreement dated 30-3-1996 but the defendant No. 1 executed and registered a sale deed in favour of defendant No. 2. The plaintiff making the above averments prayed for specific performance of contract and in the alternative prayed for a decree for recovery of Rs. 2,51,000/- along with compensation.