NAND MANI GIRI Vs. BIJAY KUMAR PRASAD

JUDGEMENT

(1.) Heard learned Senior Counsel Mr. Anuj Kumar Jha on behalf of the appellant under Order 41 Rule 11 C.P.C.

(2.) This Second Appeal has been filed by the defendant-appellant against the judgment and decree dated 7.6.2010 passed by the Additional District and Sessions Judge, Fast Track Court No.-ll, Gopatganj in Title Appeal Nos. 89 of 2001/153 of 2009 dismissing the appeal and thereby affirmed the judgment and decree dated 30.7.2001 passed by Subordinate Judge-III, Gopalganj in Title Suit No. 100 of 1993 decreeing the plaintiff-respondent suit for specific performance of contract.

(3.) The plaintiff-respondent filed the aforesaid Title Suit No. 100 of 1993 for specific performance of contract dated 13.7.1985. The short fact on which the plaintiff claims the aforesaid relief is that the plaintiff-respondent executed two conditional sale-deeds in favour of defendant on 13.7.1985 for Rs. 7,000/- and on the same day two separate agreements were executed and registered mentioning condition that if the plaintiff will return the money between the 1392 Fasli to 1399 Fasli i.e. between the 1985 to 1992, the defendant shall execute the return sale-deeds in favour of the plaintiff-respondent. The plaintiff- respondent further alleged that he was always ready and willing to perform his part of the contract and still willing to perform the same and he always tendered the amount of Rs. 14,000/- but the defendant avoided the same.