ARUN NATH SHAH DEO Vs. BODHO BARAIK

JUDGEMENT

(1.) This is a second appeal by the defendant arising out of a suit instituted by the plaintiff respondent for specific performance of a contract for sale of 8.20 acres of agricultural lands for a total consideration of Rs. 8,656/- or in the alternative, for a decree for the said amount by way of refund, said to have been paid in full by him.

(2.) The relevant facts are these. The case of the plaintiff was that on 8th April, 1962, the parties entered into a contract for sale of the above mentioned property; The further case of the plaintiff was that no time was fixed for payment of the consideration which was left at his convenience. However, a sum of Rupees 3,500/- was paid by him on the date of the agreement itself for which a receipt (Exhibit 4) was granted by the defendant's agent. He paid a further sum of Rs. 3,500/-on 6th May, 1962, and then the balance of Rs. 1,656/- on 26th January, 1963. But as the defendant failed to perform his part of the contract by executing the sale deed in his favour, he instituted the suit on 28th January, 1966.

(3.) The case of the defendant was that although there were some negotiations between the parties it had not reached the stage of a contract. He, however, admitted receipt of a sum of Rs. 3,500/-but by way of loan and not as a part of the consideration for the sale and further pleaded that he had paid up the said amount already by different instalments.