BHUVANIRAM Vs. GANGABAI

JUDGEMENT

(1.) BEING aggrieved by the judgment and decree dated 10.11.2003 passed by Additional District Judge, Bhanpura, District Mandsaur in Civil Appeal No. 13-A/2003 whereby the judgment and decree dated 22.10.2001 passed in Civil Suit No. 49-A/1991 by Civil Judge, Class-II Bhanpura, District Mandsaur was confirmed, the present appeal has been filed.

(2.) SHORT facts giving rise to this appeal are that the appellant filed a suit on 19.7.1991 for specific performance of the agreement to sale and for permanent injunction alleging that the predecessor-in-title of the respondents Kaluram was the owner of the land bearing Survey No. 2241 measuring 1.254 hectors situated at Village Bhesoda, Tehsil Bhanpura, District Mandsaur. It was alleged that Kaluram entered into an agreement to sale of the suit property to appellant on 9.6.1976 for a consideration of Rs. 6,000/- out of which Rs. 5,200/- was paid to deceased Kaluram prior to the execution of agreement and the balance amount was paid on 24.6.1976 after the execution of agreement. It was alleged in the plaint that since the entire amount was paid, therefore, appellant was entitled to get the sale-deed executed. It was further alleged that cause of action was accrued to the appellant on 10.7.1991 when the respondents refused to execute the sale-deed, hence it was prayed that the respondents be directed to execute the sale-deed in favour of appellant and the respondents be also restrained not to interfere in possession of the appellant.

(3.) ON the basis of pleadings of the parties, learned trial Court framed the issues, recorded the evidence and dismissed the suit against which an appeal was filed which was also dismissed, hence this appeal.