UDAY KUMAR CHAKRAVARTY Vs. JUSHA DEVI

JUDGEMENT

(1.) This second appeal under Sec. 100 of the Code of Civil Procedure has been directed against the judgment and decree dtd. 19/5/2015 passed by 3rd Additional District Judge, Bhagalpur in Title Appeal No. 115 of 2012 confirming the judgment and decree dtd. 30/7/2012 passed by Sub-Judge-4, Bhagalpur in Title Suit No. 65 of 2006.

(2.) Appellant is the plaintiff in the suit before the Trial Court who had brought the suit for a decree of specific performance of contract directing the defendant to execute the registered sale deed in favour of plaintiff relating to the suit property failing which the same to be executed through process of the Court and also for delivery of possession of the suit property to the plaintiff and for declaration of cancellation of deed dtd. 3/1/2006 as illegal, inoperative and not binding on the plaintiff together with other reliefs.

(3.) The case of the plaintiff- Appellant is that the defendant is the owner of the suit property in which she has possession and she was need of money for her business so proposed the plaintiff to sell the suit property and they finalized the sell of suit property at Rs.1,25,000.00. On 20/10/2005 the plaintiff given three bank drafts two for Rs.40,000.00 each and one for Rs.20,000.00 to defendant and registered Zerbeyana deed dtd. 28/10/2005 in which husband of defendant stood witness. The defendant promised to execute the registered sale deed and would receive the balance consideration amount of Rs.25,000.00from the plaintiff. The defendant vide notice dtd. 21/12/2005 denied to execute the registered sale deed in favour of plaintiff on false allegation which was replied on 30/12/2005 by the plaintiff and expressed his readiness and willingness to purchase the suit property from the defendant. The defendant cancelled the said Zerbeyana on 3/1/2006. It is alleged that a letter was received by plaintiff from defendant that she is sending a bank draft of Rs.1,00,000.00 but the same did not contain in envelop.