T.AMARNATH GOUD,J. - (1.)This appeal has been filed under Sec. 96 of the Code of Civil Procedure, 1908 against the Judgment dtd. 18/3/2021 and decree dtd. 24/3/2021, passed by the learned Civil Judge, Sr. Division, Court No.4, West Tripura, Agartala in Case No. Title Suit No.52 of 2016.
(2.)The facts leading to this present appeal are that the defendant-respondent of this suit had entered into an agreement executed on 1/6/2015 that the suit land measuring 0.0350 acres classified as Bastu(Nal), C.S. Plot No.3766/33223(P), Khatian No.135, Mouja-Agartala Sheet No.5 and Tahashil- Sadar West presently Bordowali would be sold out by the defendant-respondent to the plaintiff-appellant on consideration amount of Rs.37,00,000.00. As per the agreement, plaintiff-appellant had paid Rs.5,00,000.00 to the defendant as earnest money and it was settled that the rest amount of Rs.32,00,000.00 would be paid within 30/9/2015. It is also mentioned in the agreement that after receipt of the rest amount within the time stipulated in the agreement, the defendant would execute the sale deed of the suit land. But despite of repeated requests by the plaintiff-appellant, the defendant-respondent did not receive the rest amount and the sale deed has not been executed in favour of the plaintiff-appellant. On this, the plaintiff-appellant issued a legal notice on 28/9/2015 and a subsequent notice dtd. 9/3/2016. In response to the notice dtd. 9/3/2016, the defendant-respondent refused to specifically perform the terms of the agreement dtd. 1/6/2015 and also refused to execute the registered sale deed in favour of the plaintiff-appellant.
(3.)Hence the plaintiff-appellant as plaintiff intuited the original suit for specific performance of agreement dtd. 1/6/2015 which was registered as T.S.52 of 2016 before the learned Civil Judge, Sr. Division, West Tripura.
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