SARASWATI DEVI AND ORS Vs. VIJAY PRAKASH SINGH

JUDGEMENT

(1.) HEARD Mr Binod Kumar Singh, the learned counsel appearing on behalf of the appellant and Mr T.N.Maitin, the learned senior counsel appearing for the respondents. The defendant in the suit for specific performance of contract is the appellant in this appeal against the judgment and decree of the appellate court below by which the dismissal of the suit by the trial court has been overturned and the suit has been decreed.

(2.) THE admitted fact is that the defendant is the owner of the suit land and has executed a registered deed of lease for the suit land on 14.05.1993 for 15 years in favour of the plaintiff for installing a petrol pump and carrying on the business in the name and style of M/s Prakash Fuel Center at yearly rental of Rs.1000/ -.The plaintiff's case is that the defendant later on proposed to sell the suit land (described in Schedule A of the plaint) and the deal was finalized on 28.08.1995 at the price of Rs.1 lac in presence of respectable persons and relatives. It is further case of the plaintiff that as per the agreement the consideration money of Rs.1 lac was paid on the next day i.e. on 29.08.1995 through bank draft and further Rs. 10,000/ - was also paid to the defendant by plaintiff on 31.08.1995 for purchase of the stamp papers for the purpose of preparation of the sale deed. It is also the case of the plaintiff that the sale deed was to be executed and registered by 31.10.1995 but the defendant continued to put off the matter on different pretexts compelling the plaintiff to send a legal notice on 09.11.1995 requesting the defendant to execute the sale deed as agreed.

(3.) IT has also been averred in the plaint that the defendant has filed T.S.No.210/94 with false allegation of partnership and also filed a petition for amendment in the plaint whereby he attempted to explain away the payment and receipt of the consideration amount. The plaintiff has further stated that he had never nominated any Panch but had put signature on some stamp papers after finalization of the negotiation for sale, at the instance of the defendant, for purchase of the stamp papers. The plaintiff has also averred his readiness and willingness to perform his part of the contract. In these factual backgrounds, the suit has been filed by the plaintiff for a decree for specific performance of contract for sale against the defendant with regard to the suit land.