SONA DWIVEDI Vs. BHERA

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dtd. 22/8/2019 passed by the Additional District Judge No.5, Udaipur, whereby the judgment and decree dtd. 3/11/2015 passed by the Additional Senior Civil Judge No.2, Udaipur has been upheld.

(2.) A suit for specific performance of contract dtd. 29/7/1997 and possession was filed by the plaintiff - Smt. Sona against Bhera in relation to a plot situated at Revenue Village Manwakheda, Tehsil Girwa, District Udaipur. It was, inter-alia, claimed that the plot in question was agreed to be sold for a sum of Rs.45,000.00, for which part consideration of Rs.20,000.00 was paid as advance and the sale deed was to be executed within three months. It was claimed that the plaintiff was ready and willing to perform her part of the contract and for the said purpose, she alongwith her husband and father, approached the defendant with the balance consideration and Rs.5,000.00 for purchase of stamps and registration fees, however, the defendant failed to perform his part of the contract. Based on the said averments, the suit seeking specific performance of contract and possession was filed.

(3.) During pendency of the suit, defendant Bhera died and his legal representatives were taken on record.