LAWS(CHH)-2019-1-96

SUSHIL KUMAR GOYAL Vs. ANUP KUMAR SULTANIYA

Decided On January 11, 2019
Sushil Kumar Goyal Appellant
V/S
Anup Kumar Sultaniya Respondents

JUDGEMENT

(1.) This is defendants's first appeal challenging the judgment and decree passed by the trial Court allowing the plaintiff's suit for specific performance of agreement to sell the land bearing khasra No.730 (part) area 0.07 acre and khasra No.780/1 Ga area 0.27 acre total area 0.34 acre at the rate of Rs.71/- per sq.ft.

(2.) Plaintiff's suit was based on the pleading that on 31-3-2007 the subject agreement (Ex.P/1) was executed and the defendant accepted Rs.5,000/- in addition to Rs.15,000/- received earlier totaling Rs.20,000/- as advance and agreed to sell the property by receiving the balance sale consideration at the time of registration of sale deed, which was to be executed within two months, however, despite repeated assurance the defendant did not execute the sale deed. On 31-3-2010 (Ex.P/3) defendant No.1 executed another agreement ratifying the previous agreement and receiving further advance of Rs.5,000/- by a cheque. According to the plaintiff, defendants father filed a suit against the defendant No.1 and the plaintiff for declaration of title and permanent injunction, which was subsequently dismissed for want of prosecution, but even after that the defendants did not executed the sale deed.

(3.) In their written statement the defendants denied to have executed the agreement and prayed for dismissal of the suit on the ground of limitation. It was also pleaded that the plaintiff and the defendants have business relations. The suit land was recorded in the name of Ranjana Goyal and Saket Goyal from 2006 and the price of the suit land at the time of agreement was Rs.50.00 lacs, therefore, there was no question of agreement for a sum of Rs.10.00 lacs. In respect of amount received by cheque the defendants averred that one Suresh Sahu, friend of the defendant No.1 was in need of money, therefore, the defendant No.1 has borrowed Rs.5,000/- from the plaintiff to satisfy the need of his friend Suresh Sahu.