SABITRI DEVI Vs. SHANTI UPADHYA

JUDGEMENT

(1.) The defendant, Smt. Sabitri Devi has filed this First Appeal against the Judgment dated 07.08.1992 and the Decree following thereupon singed on 14.08.1992 by Sri Umakant Srivastava, the leaned Ist Subordinate Judge, Ara in Title Suit No. 56 of 1986 decreeing the plaintiff-respondent?s suit for specific performance of contract.

(2.) The plaintiff-respondent filed the aforesaid suit for specific performance of contract alleging that the defendant is owner of the suit property entered into an agreement on 17.09.85 to sell the property described in Scheduled 1 of he plaint for a consideration of Rs.2,90,000/-. Rs. 1051/- was paid by the plaintiff as shagun at the time of negotiation and executed the agreement on receiving advance of Rs. 50,000/-. The defendant agreed to execute sale deed by 5th March, 1986. The defendant did not execute the sale deed by 05.03.1986 and requested the plaintiff to allow time for vacating the house and, therefore time was extended up to 28.04.1986and the sale deed was to be executed by 29.04.86. The plaintiff was all along ready and willing to perform her part of the contract.

(3.) The further case is that the defendant was in need of money and requested the plaintiff to pay Rs. 40,000/- and the plaintiff paid Rs. 40,000/- to the defendant. At the time of extension of time, the defendant has also received Rs. 10,000/- from the plaintiff. Therefore, the plaintiff has paid total Rs. 1,01,051/- and the remaining Rs. 1,88,949/- remain to be paid as balance consideration amount. The defendant had also taken Rs. 40,000/-from the plaintiff for the purchase of stamp for sale deed. The plaintiff is all along ready to pay the balance consideration and get the sale deed executed but the defendant is delaying the execution of the same. On 28.04.86, the defendant refused to execute the sale deed. Hence the suit was filed on 29.04.86.