BANSI SAO Vs. JAGESHWAR PRASAD SAO

JUDGEMENT

(1.) This civil revision application is directed against an order dated 15.2.96 by reason of which the learned court below has directed the petitioner-judgment debtor to execute the sale deed in favour of the opposite party/decree holder on accepting Rs. 1200/- and on failure of which the opposite party has been directed to deposit the said amount in the court for enabling the court to pass order for registration of the sale deed.

(2.) The facts of the case lie in a narrow compass: The opposite party/plaintiff filed a title suit No. 73/84 for a decree for specific performance of contract stating, inter alia, that the petitioner/defendant entered into an agreement with the opposite party/plaintiff on 9th July, 1977 by which it was agreed that the petitioner would execute the sale deed in respect of the suit land in favour of the opposite party if the opposite party tenders consideration amount of Rs. 1000/- to him latest by 8.7.84. It is stated that the plaintiff/opposite party wanted to tender the said consideration amount to the petitioner on 8.7.80, 8.7.83, 8.6.84 and even on 28.6.84 with a request to execute the sale deed in his favour but the defendant deferred the matter on one pretext or the other. Ultimately the petitioner having refused to execute the sale deed, the plaintiff filed the suit expressing his readiness and willingness to pay, the consideration money of Rs. 1000/- to the defendant but as the defendant is not willing to perform his part of contract, the plaintiff had no option but to file the said suit.

(3.) The petitioner/defendant filed written statement and admitted the existence of the agreement between them but contending that the suit was not maintaibable and is barred by limitation. The defendant/petitioner's case was that the plaintiff /opposite party never tendered the consideration amount and, as such, there was no question of executing the sale deed.