DAHU SAHU Vs. SATYA NARAYAN PRASAD

JUDGEMENT

(1.) The appellant is the defendant who has preferred the instant appeal against the judgment and decree passed by the learned Subordinate Judge-1, Ranchi in Title Suit No. 193 of 2007, whereby the suit of the plaintiff has been decreed for specific performance of contract.

(2.) The plaintiff's suit is for decree of specific performance of contract and for a direction to execute and register sale deed transferring the suit property mentioned in the schedule of the plaint, besides cost of the suit.

(3.) The case of the plaintiff is that defendant No. 1 was the owner of the suit property and possessed 2 kathas of land in village Pandra in District Ranchi, with two storied building under Khata No. 32, plot No. 486 and he offered to sell the aforesaid property at total price of Rs.26,51,000.00 which was accepted and on the basis of contract in writing dtd. 5/10/2006 an agreement was entered between both the sides. The plaintiff paid defendant No. 1, a sum of Rs.10,51,000.00 as an advance towards the price of suit property and the balance amount of Rs.16,00,000.00 was to be paid at the time of execution of the sale deed which was to be executed within three months from the date of agreement. It is the further case of the plaintiff that as per the terms of the agreement there was a loan taken by the defendant no.1 from defendant No. 2, Bank of Baroda on the suit property and the concerned deed of the suit property was with the Bank and it was assured by defendant No. 1 that he would clear the entire loan prior to the execution of the sale deed whereupon in December, 2006, the plaintiff requested the defendant No. 1 to clear the loan amount and to execute the sale deed. The defendant No. 1 agreed to execute the sale deed in the month of February, 2007 and demanded Rs.2,00,000.00 from the plaintiff out of the remaining amount of Rs.16,00,000.00 which the plaintiff paid on 8/1/2007. Again on 25/2/2007 and 15/3/2007 the plaintiff requested defendant No. 1 to execute the sale deed which was evaded and not heeded to whereupon a legal notice was sent to the plaintiff on 17/4/2007 with a reminder. On the request of defendant No. 1, the plaintiff on 9/7/2007 presented an account payee cheque bearing No. 032442 dtd. 9/6/2007 for Rs.4,93,135.00 for clearing all the dues lying against Dahu Sao, even then the defendant No. 1 refused to execute the sale deed. When after presentation the plaintiff requested the defendant no.1 to acknowledge the amount in the agreement paper and execute the sale deed then the plaintiff was constrained to withdraw the account payee cheque.