T.AMARNATH GOUD,J. - (1.)This is an appeal under Sec. 100 of the CPC from the appellate judgment and decree dtd. 7/1/2019 and 11/1/2019 respectively passed by the Additional District Judge, Court No. 3, West Tripura, Agartala in Title Appeal No. 17 of 2015 affirming the original judgment and decree dtd. 6/4/2015 and 9/4/2015 respectively passed by the Civil Judge, Court No. 1, West Tripura, Agartala in Title Suit No. 5 of 2013.
(2.)For the sake of brevity the parties are referred to as in the title suit No. 17 of 2015. Specific performance of agreement for sale dtd. 28/7/2011 sought to be enforced therein. The defendant being the absolute owner of the land measuring 0.10 acres comprised in Khatian No. 932/1-2, appertaining to present plot Nos. 1538, and 1539 situated at Mouja- Gandhigram under Tahsil- Gandhigram, Sub-Division- Mohanpur hereinafter referred as the suit land, entered into the agreement for sale to sell the suit land to the plaintiff in consideration of Rs.2,10,000.00. An advance of Rs.10,000.00 was paid on the date of agreement. The period stipulated for the execution of sale deed was upto 8/10/2012. The plaintiff after arranging balance amount of Rs.2,00,000.00 kept regular contact with the defendant and on 20/8/2012 and 2/9/2012 the plaintiff along with this relatives verbally made request to the defendant to accept the balance amount to execute the sale deed in terms of the agreement for sale. Having no response from the defendant the plaintiff served a notice dtd. 21/9/2012 demanding execution of the sale deed, but inspite of receiving notice the defendant did not turn up.
(3.)The defendant, contested the suit by filing written statement and denied all the allegations laid by the plaintiff. The defendant also denied to have entered into any agreement or received the consideration money of Rs.10,000.00.
;