SATYANARAYAN MUKHOPADHYA Vs. RAM NIWAS AGRAWALA

JUDGEMENT

(1.) THIS appeal has been preferred against the judgment and decree dated 21 -7 -1988 and 30 -7 -1988 respectively passed by the then Sub -Judge, IVth Court, Dhanbad, in Title Suit No. 6 of 1982 whereby and whereunder the plaintiffs suit for specific performance has been dismissed.

(2.) THE facts of the case run in a narrow compass. The suit property situates in Plot No. 2485 Khata No. 60 of Mouza Hirapur, District Dhanbad, having a building thereon. The plaintiffs -appellants' case is that there was an agreement between the plaintiffs on one side and the father of the defendant, namely, Ram Swarup Agarwalla on the other side for sale of the house and the property for stipulated consideration of Rs. 90,000/ -. Such agreement was arrived at in writing on 26 -5 -1979 vide Ext. 5. As per the terms of the agreement, Ram Swarup Agarwalla would seek permission from the Deputy Collector, Urban Ceiling Office, Dhanbad, within a year next and thereafter receipt of permission would executed sale -deed by taking the balance amount of Rs. 86,999/ -. However, by the agreement itself, Rs. 3,001/ - towards the consideration amount had already been received by the predecessor of the defendant. It was also the case of the plaintiffs that the building in question as described in details in Scheduled A of the plaint was previously mortgaged to Smt. Arti Mukherjee, the mother of the plaintiffs, on payment of Rs. 10,000/ -. After execution of the agreement, Ram Swarup Agrawalla died leaving behind his sole son Ram Niwas Agrawalla, the defendant in the case. The plaintiffs requested the defendant to execute the sale -deed after taking money from the plaintiffs but the defendant refused to executed the sale -deed. Notice was sent through lawyer but then in reply to that notice, the defendant had totally denied about the execution of any such agreement by his father, hence the present suit has been filed for specific performance of contract. As according to the plaintiffs, they were always ready and still ready to get the purchase deed executed on payment of balance amount.

(3.) ON the basis of the pleadings of the parties, the following issues were framed: