LAWS(PAT)-2020-8-23

B. N. & ASSOCIATES Vs. PRAMOD KUMAR

Decided On August 07, 2020
B. N. And Associates Appellant
V/S
PRAMOD KUMAR Respondents

JUDGEMENT

(1.) Against the judgment dated 9.4.2018 and decree dated 16.4.2018 passed by the Sub Judge II, Patna in Title Suit No. 274/2010, whereby and whereunder instead of decreeing the suit for specific performance of contract, the defendants/ respondents have been directed to pay the amount which they received as an earnest money without cost has been put under challenge under instant appeal at the instance of the plaintiffs- appellants. In order to properly identify the parties they are being introduced through their original status.

(2.) The plaintiffs/ appellants filed the suit for specific performance of contract under the garb of an agreement dated 19.7.2008 entered amongst defendants/ respondents no. 1 and 2 in one set, the defendants/ respondents no. 3 to 6 in another set, with regard to an area 1.59 1/2 acre, respectively lying under Khata No. 166, Khesra No. 562 of village Nathupur, P.S. Parsa Bazar, District Patna. In order to properly appreciate the case of the parties, as set up, be briefly stated as-

(3.) Then it has been averred that the defendants, after coming in need of money flashed news of sale of the land in question and coming about the same, the plaintiffs approached and then, it was finally settled at the rate of Rs.65,000/- per katha and in token thereof, two deed of agreement, one by defendants no. 1 and 2 relating to 1.59 1/2 acre of land and another by defendants no. 3 to 6 relating to similar area after receiving 4 lacs by defendants no. 1 and 2 as well as defendants no. 3 to 6, independently, respectively were executed on 19.7.2008. It has further been pleaded that some time after execution of the agreement, the defendants insisted upon the demand and in the aforesaid background defendants no. 1 and 2 got Rs.10,50,000/- (totalling Rs.14,50,000/-) while defendants no. 3 to 6 Rs.3,50,000/- (Rs.7,50,000/-) on different occasion.