SARWAN MAHTO Vs. SUJAY KUMAR MAHTO

JUDGEMENT

(1.) This second appeal, under Section 100 of the Code of Civil Procedure, 1908, has been preferred against the judgment and decree, dated 10.10.2015, passed by learned Additional District Judge IV, Patna City, in Title Appeal No. 20 of 2015, affirming the judgment and decree, dated 07.01.2015, passed by learned Sub Judge IV, Patna City, in Title Suit No. 02 of 2008.

(2.) The appellant was the defendant before the Trial Court. The respondent herein had filed a suit, giving rise to Title Suit No. 02 of 2008, for getting decree of specific performance of contract in respect of the land, bearing Khesra No. 1745, Khata No. 1369, thana no. 19, touzi State of Bihar, situated at mouza Ranipur, P.S. Khajekalan, Patna, ad-measuring 2 kathas. It was the plaintiff's case that in respect of the said suit property, the defendant had entered into an agreement to sell on 06.03.2006, for transfer of the said suit property at the rate of Rs. 1,80, 000/- per katha. The amount of Rs. 1,00, 000/- was given as advance money. The said deed was required to be executed by the defendant within 7 (seven) months from the date of execution of the agreement to sell, i.e. by 06.10.2006. It was his further case that on 18.09.2006, an amount of Rs. 27, 000/- was paid to the defendant-appellant with an endorsement on the back of the document of agreement to sell, indicating extension of time by which the sale deed was to be executed. It was the plaintiff's case that time for execution of sale deed was extended to 25.12007.

(3.) The defendant appeared in the suit and filed his written statement. He admitted the factum of execution of the deed of agreement to sell, payment of a sum of Rs. 1,00, 000/- by the plaintiff as an advance and subsequent payment of Rs. 27, 000/- by the plaintiff on 18.09.2006. Though, he admitted that time for execution of sale deed on payment of total consideration money was extended, but he denied that the time was extended to 25.12.2007; rather, according to him, it was extended to 25.01.2007. He pleaded that the case of the plaintiff to this extent was false and cooked up. He also pleaded that since the plaintiff defaulted in making payment of the balance consideration money, for the purpose of execution of the sale deed within the extended time on 25.01.2007, he had sent three legal notices, through registered post, to the plaintiff, on 12.02.2007, 08.02007 and 21.02007, but the plaintiff was not ready and willing to execute the sale deed. The defendant/appellant resisted the suit main on this ground.