RAM KARAN Vs. RAGHUNATH

JUDGEMENT

(1.) THIS appeal under Section 96 C. P. C. arises out of the judgment and decree dated 22. 9. 1984 passed by the learned Additional District Judge Baran, whereby the learned Judge has dismissed the plaintiffs suit for specific performance and permanent injunction.

(2.) THE plaintiffs filed a suit for specific performance and permanent injunction against the defendants in relation to certain lands bearing Khasra Nos. 113, 116, 117, 120, 124, 128, 132, 133 and 138, the details of which have been mentioned in para Nos. 3 and 4 of the suit. As per the plaintiffs, the defendants agreed to all the aforesaid land for a consideration of Rs. 18,000/-, against which the plaintiffs paid a sum of Rs. 10,000/- and the defendants executed an agreement to sell on 31. 8. 1979. THE possession of some of khasras was delivered on the same day and possession of rest of khasras was promised to be handed over on 'akhateej'. According to the plaintiffs they paid Rs. 2,500/- on different dates and the defendant No. 2 issued receipt in token thereof. THE plaintiffs averred that they were ready and willing to pay rest of the sale price. However, the defendants went on avoiding receipt of remaining amount on one pretext of the other despite repeated requests by the plaintiffs to accept the remaining amount and to get done registry of the sale in their favour.

(3.) IN view of above, the sole controversy centres round the disputed questions of fact, namely, (i) whether the amount of Rs. 10,000/- was paid at the time of execution of agreement Ex. 4 and (ii) whether the amount of Rs. 2,500/- was paid by the plaintiffs to the defendants on different dates?