KUMBHA RAM Vs. KANHAIYA LAL

JUDGEMENT

(1.) This regular Civil First Appeal under section 96 CPC was filed against order and decree dated 07.09.2011 passed by the Additional District Judge, Deedwana, District Nagaur in Civil Suit No. 16/2010 (Kumbha Ram v. Kanhaiya Lal) , by which the trial court allowed an application filed by the defendant under Order 7, Rule 11 CPC and rejected the suit filed by plaintiff-appellant.

(2.) Briefly stated, the plaintiff-appellant filed a suit for specific performance before the trial court stating, inter alia, that a land situated in Khasra No. 500 measuring 02 bighas 05 biswas at Molasar was sold to him by defendant, for consideration of Rs. 3,50,000/-, through an agreement dated 20.12.2006. Entire amount was paid to the defendant on that day. After executing the agreement, the defendant assured the plaintiff to give possession of the land, so also to get register the sale deed. The appellant-plaintiff repeatedly requested the defendant for the same but on one or another reason the defendant deferred the matter so also he is not executing sale deed in terms of the agreement whereas he is legally bound to execute and register sale deed. In absence of execution of sale deed, the plaintiff-appellant is entitled to refund of amount of Rs. 3,50,000/- with interest.

(3.) It was also alleged that on account of increase in value of the land in the area, the defendant is avoiding to execute and register the sale deed and is willing to sale the said land at higher price. Therefore, the plaintiff-appellant filed the suit with the prayer to restrain the defendant from sale of said land, so also he may be directed to hand over physical possession of the land to the plaintiff. It was further prayed that if the sale is not registered in favour of the plaintiff then the plaintiff may be held entitled to receive amount of Rs. 3,50,000/- with interest @ Rs. 2 percent per month i.e. 24% per annum.