JAGDISH Vs. DEEP SHIKA

JUDGEMENT

(1.) By this first appeal, the defendant-appellant has challenged the judgment and decree dated 12th April, 2012 passed by the Additional District Judge No.3, Jaipur Metropolitan in Civil Suit No.102/2008, whereby the civil suit filed by the plaintiffrespondent for specific performance has been decreed.

(2.) Briefly, stated the relevant facts of the suit filed by the plaintiff respondent are that on 7th November, 2006 the plaintiff respondent and the defendant appellant entered into an oral agreement for sale of the disputed plot no.93, Ladli Path, Chomu House, Jaipur, the details of which have been given in para no.1 of the plaint, for a consideration of Rs.25 lacs and a cheque of Rs.21,000/- was given for the same. Subsequently, the said oral agreement was reduced in writing on 16th November, 2006 and further two cheques of Rs.15,000/- each were given to the defendant. Thus total amount Rs.51,000/- was given to the defendant which has been encashed by him. The plaintiff was ready and willing to perform her part of the agreement and a notice in the 'Rajasthan Patrika' dated 6th January, 2007 was published on her behalf regarding agreement to purchase of the disputed property. Thereafter, again a notice for writing a sale deed was given through her counsel on 7th January, 2007. The other facts which have been mentioned in the plaint are that the husband of the plaintiff is the tenant in the said premises and the said notice was returned by the defendant with malafide intention. However, on 9th January, 2008 when the defendant threatened the plaintiff to dispossess her from the premises in question then she filed a civil suit for permanent injunction in the Court of Additional Civil Judge No.2, Jaipur City along with an application for grant of temporary injunction. The said application for temporary injunction was dismissed on 6th August, 2008 on the ground that the alternative remedy of filing civil suit for specific performance is available with the plaintiff.

(3.) The defendant filed written statement and raised some preliminary objections and also filed reply on merits that the plaintiff and her husband are giving the rent in installments and taking advantage of defendant's being illiterate, with malafide intention got signed blank papers on the pretext of preparing the the receipt of rent which was signed by him under goodfaith.