BIBI MEHRUN NISSA Vs. MD. EHSANUL HAQUE

JUDGEMENT

(1.) Being aggrieved by the judgment and order dated 10.06.2011 passed in Title Appeal No. 07/2009/32/2009 by Additional District Judge -FTC -V, Nawada allowing the appeal after setting aside the judgment dated 15.01.2009 and decree dated 22.01.2009 passed by Civil Judge -(Sr. Division)1st, Nawada in Title Suit No. 111/1999 and remitted the matter to decide afresh as per direction the appellant/defendant preferred instant appeal.

(2.) Plaintiff/respondent filed Title Suit bearing T.S. No. 111/1999 under banner of Specific Performance of Contract Act, before the learned lower court asking for reliefs directing the defendant (appellant) to execute registered sale deed in his favour with regard to the suit property, defendant be directed to receive the balance consideration amount appertaining to Rs. 1 Lac from the plaintiff or a suitable direction for depositing the aforesaid amount appertaining to Rs. 1 Lac be made, possession of plaintiff over the suit building as an absolute owner be confirmed, any other relief or reliefs which the plaintiff is found entitled for and to substantiate the same, it has been pleaded that Holding No. 627, Ward No. 7, Mohalla -Purani Bazar, PS. Nawada, Anchal, Nawada, District - Nawada stood over land bearing CSP No. 4356 corresponding to CS Khata No. 434 having an area 22 Ft. North to South, 18 Ft. from East to West duly identifiable by a boundary, North - Jagdish Tamoli, South -Gali, East -Purani Bazar and West -Bishun Ram Tamoli and Jagdish Tamoli.

(3.) It has also been stated that this building belongs to Bibi Mehrun Nissa, his mother whereunder plaintiff is running his utensil shop on the ground floor since long. In due course of time, there was negotiation in between the parties which was finalized on a consideration amount of Rs. 1,50,000/ - out of which Rs. 50,000/ - was paid as an earnest money whereupon upper floor of the building was given under possession of the plaintiff. As per terms of negotiation, 31.03.1999 was the date fixed whereunder plaintiff was expected to pay Rs. 1 Lac and in likewise manner, defendant was expected to execute sale deed. In spite of willingness and readiness at the end of the plaintiff to pay the remaining amount appertaining to Rs. 1 Lac as well as requesting the defendant to accept the amount and execute the sale deed, repeatedly, the defendant under the influence of Md. Raunak, her youngest son adopted dilly -dallying tactics and on one pretext or other, deferred the matter. It has also been disclosed that at the time of purchase of the aforesaid property by the defendant, plaintiff had also contributed which, during course of negotiation, was taken into account by the defendant.