OM PRAKASH NAYAK Vs. ISHARRAM NAYAK

JUDGEMENT

(1.) This appeal is directed against the judgment dated 22.3.2018 passed by the Additional District Judge, Anoopgarh Camp Gharsana, District Sriganganagar ('the Appellate Court'), whereby the appeal filed by the appellant against the judgment and decree dated 10.7.2014 passed by the Civil Judge (Junior Division), District Sriganganagar has been rejected.

(2.) The appellant - plaintiff filed a suit for specific performance in relation to agreement dated 26.6.2007. It was, inter alia, claimed that by the agreement it was agreed between the parties that a sum of Rs. 35,000/- was advanced by the plaintiff to the defendant and in case, the defendant failed to return the amount by 25.6.2008, the land in question would be transferred in favour of the plaintiff @ Rs. 15,000/- per bigha. A sum of Rs. 22,000/- was paid by the defendant on 14.5.2008 and thereafter on the back of the agreement further agreement was entered into between the parties for rest of the amount of Rs. 13,000/- and as the said amount of Rs. 13,000/- was not paid, the appellant - plaintiff was entitled for specific performance of the agreement dated 26.6.2007 as reiterated on 14.5.2008.

(3.) The suit was contested by the defendant, inter alia, indicating that only an amount of Rs. 35,000/- was taken on interest, out of which, Rs. 22,000/- has already been paid and the defendant went to the plaintiff for giving the rest of Rs. 13,000/-, however, the same has not been accepted with an intention to grab the land in question. It was submitted that as the transaction pertains to loan only, suit for specific performance deserves to be dismissed.