MANJIT GOSWAMI Vs. NIPENDRA NATH SARMA
HIGH COURT OF GAUHATI
Nipendra Nath Sarma
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Prasanta Kumar Deka, J. -
(1.) Heard Mr. A Upadhyay, learned counsel for the appellants and Mr. PM Deka, learned Senior Counsel for the respondent assisted by Mr. P Rajbongshi, Advocate.
(2.) The present respondent as the plaintiff filed Title Suit No. 7/2016 against the present appellants seeking for a decree of specific performance of contract for sale. The brief fact of the plaintiff/ respondent as per the plaint is that defendants/appellants executed a deed of agreement for sale of a plot of land on 21.04.2015 with a promise to sell the said land at a total consideration of Rs. 18,50,000/-. On the date of execution of the agreement dated 21.04.2015 as per the plaintiff/ respondent, the defendants/ appellants received Rs. 2,50,000/- in cash and Rs. 3,00,000/- by way of a cheque drawn on Assam Gramin Vikash Bank as an advance sale consideration. Subsequent thereto, the plaintiff and the defendants applied jointly for the sale permission which was granted by the Additional Deputy Commissioner, Nalbari vide Memo No. N.L.R. 1-21/2013/394 dated 04.06.2015 and as required the sale permission from Nalbari Development Authority dated 19.06.2015 was also obtained. On 02.06.2015 the plaintiff/ respondent paid an amount of Rs. 2,00,000/- in cash and Rs. 1,00,000/- by cheque drawn on HDFC Bank, Nalbari Branch to the defendants/ appellants who acknowledged the receipt of the amount by making endorsement on the overleaf of the second page of the deed of agreement. The defendants/ appellants promised to execute the sale deed within 28.08.2015 and hand over the possession of the land. On the other hand, the plaintiff/ respondent agreed to pay the balance of the amount of Rs. 10,00,000/- to the defendants/ appellants but they refused to execute the sale deed and trying to sell the suit land to some other persons for which the suit was filed for specific performance of the agreement for sale dated 21.04.2015 by the defendants/ appellants.
(3.) The defendants/ appellants appeared and contested the case by filing the joint written statement. They admitted the execution of the sale agreement after receiving an amount of Rs. 3,50,000/- by cheque and also admitted the sale permission granted by the competent authority. However, they denied receipt of the sum of Rs. 4,50,000/- purportedly handed over to them by the plaintiff in cash. The defendants/ appellants raised the specific plea that the plaintiff/ respondent did not make the cash payment to them and as such, the plaintiff/ respondent is not entitled to the decree for specific performance of contract.;
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