PRAKASH CHANDRA Vs. BHANWAR SINGH

JUDGEMENT

(1.) The present appeal has been preferred against the order dtd. 18/1/2024 passed by the Additional District Judge, Kapasan in Civil Misc. Case No. 91/2023 whereby an application under Order 39 Rules 1 & 2 read with Sec. 151 of the Code of Civil Procedure as preferred by the appellant plaintiff has been rejected.

(2.) The case of the appellant was that agreement dtd. 8/2/2021 was entered into between him and respondent No. 1- defendant No. 1, in pursuance to which, defendant No. 1 received an amount of Rs.15.00 lacs from him and handed over the possession of his two shops. It was agreed that if the defendant would return the said amount with interest, that is, Rs.17.00lacs within a period of one year, the shops qua which the agreement was entered into, would be returned to the defendant and if he would not return the said amount within a period of one year, he would then accept an additional amount of Rs.11.00lacs from the plaintiff as further consideration qua the shops and would get the sale deed executed in favour of the plaintiff for the said two shops.

(3.) The defendant despite continuous requests, neither returned the amount with interest as promised nor did he accept the amount of Rs.11.00 lacs and denied to execute the sale deed in favour of the plaintiff. Hence, the present suit for specific performance was filed.