BHIGUNATH TIWARI Vs. BISHUNDEO TIWARI

JUDGEMENT

(1.) Heard the learned senior counsel Mr.Vishnu Dev Narayan on behalf of the appellant under Order 41 Rule 11 C.P.C.

(2.) The defendant appellant appellant has filed this second appeal against the judgment and decree of both the courts below decreeing the suit for specific performance of contract filed by the plaintiff respondent.

(3.) It appears that the plaintiff respondent instituted Title Suit No. 128 of 1987/152 of 2000 for specific performance of contract Ext.2 dated 9.5.1980 alleging that the suit property was sold to the defendant by terms of conditional sale dated 9.5.1980 Ext.-A. On the same date registered agreement was executed wherein it was agreed by the appellant that the property shall be re-transferred to the plaintiff within 7 years i.e. 30th Jeth 1987. The plaintiff always tendered the amount and requested the appellant to re-convey the property in favour of the plaintiff but he refused then he filed the suit. The defendant filed contesting written statement alleging that in fact the sale deed is out and out sale and the agreement to re-convey has not been signed by the plaintiff. The agreement to sale has already been signed by the appellant therefore, it is unilateral document which will not constitute contract under Section 10 of the Contract Act which cannot be enforced.