BASHISHTHA SINGH Vs. RAJIV RANJAN TRIVEDI

JUDGEMENT

(1.) The instant appeal is directed against the judgment and decree dated 29.07.2003 and 05.08.2003 respectively, passed by Shri Shyam Kishore Sah, Sub-Judge Ist, Kaimur at Bhabhua in Title Suit No. 226 of 2000 whereby and whereunder the suit was dismissed on contest but without cost. The plaintiffs are the appellants and the defendants are the respondents in this appeal.

(2.) The aforesaid Title Suit was filed for part performance of contract for sale with a prayer that the defendants be directed to execute registered sale deed in favour of the plaintiffs with respect to the land detailed in schedule 'ka' of the plaint within stipulated period and if the defendants failed to comply the order, in that event, the order may be passed under Order 21 Rule 34 of the C.P.C. Further if the plaintiffs are not entitled to get the aforesaid relief, in that event, the amount of Rs. 2,35,000/- with interest at the rate of 12 % per annum thereon be ordered to be paid to the plaintiffs by the defendants and also the cost of the suit.

(3.) The case of the plaintiffs, briefly stated, is that the defendants expressed their desire for sale of the land area 4.01 acres which was ultimately agreed to be sold with the plaintiffs for a sum of Rs. 3,35,000/-. The entire consideration amount of Rs. 3,35,000/- was paid to the defendant no. 1, namely, Shri Rajiv Ranjan Trivedi through four bank drafts example Rs. 1,00,000/- through draft dated 16.04.1998, Rs. 85,000/- through draft dated 07.08.1998, Rs.1,00,000/- through draft dated 08.07.1999 and Rs. 50,000/- through draft dated 20.07.1999. The draft dated 16.04.1998 and 07.08.1999 received by defendant no. 1 namely, Rajiv Ranjan Trivedi on 19.04.1998 and 07.08.1998 respectively whereas draft dated 08.07.1999 and 20.07.1999 were received by defendant no. 2 namely, Lokesh Trivedi the son of defendant no. 1 on 09.07.1999 and 25.07.1999 respectively.