RINGAN BAI Vs. RAMKUMAR

JUDGEMENT

(1.) Feeling aggrieved by the judgment and decree dated 29.02.1996, passed by learned Second Additional District Judge, Seoni in C.S. No.02-A/94 whereby the suit for specific performance of contract of plaintiff has been decreed, this appeal under Section 96 CPC has been filed by the defendant.

(2.) The simple case of plaintiff is that defendant entered into an agreement of sale with him on 02.02.1993 in regard to the disputed property (description whereof has been mentioned in the plaint). The consideration Rs.50,000/- was fixed between the parties and a sum of Rs.37,000/- was paid to the defendant in advance. The balance amount was to be paid at the time of registration of the sale deed. Since the defendant, despite the plaintiff requested her to execute a sale deed, declined to execute the same, the plaintiff has filed the suit for specific performance of contract.

(3.) The defendant by filing written statement has denied the plaint averments and pleaded that the agreement to sell the property in question never took place. It is also pleaded that plaintiff is a money lender and a loan was obtained by the defendant from him and in lieu of that loan the document of agreement of sale was executed. Hence, it has been prayed that the suit be dismissed.