RINA BORA Vs. SANGEETA CHOWDHURY AND ANR
LAWS(GAU)-2018-12-15
HIGH COURT OF GAUHATI
Decided on December 04,2018

Rina Bora Appellant
VERSUS
Sangeeta Chowdhury And Anr Respondents

JUDGEMENT

Prasanta Kumar Deka, J. - (1.) Heard Mr. KK Dey, learned counsel appearing for the appellant. Also heard Mr. DK Jain, learned counsel appearing on behalf of the respondents.
(2.) The present appellant is the defendant in Title Suit No. 51/2008 preferred by the plaintiffs/ respondents for specific performance of contract for sale with respect to a plot of land described in the schedule of the plaint. In the said suit, the present appellant is the defendant no. 1 and her son is impleaded as defendant no. 2. The said defendants proposed to sell the suit land to the plaintiffs. The plaintiffs/ respondents agreed to the proposal to purchase the suit land at a total sale consideration of Rs. 3,60,000/-. The defendant/ appellant along with her son accepted the offer. On receipt of an advance sale consideration of Rs. 1,50,000/-, the defendant/ appellant executed a registered agreement for sale thereby promising that the sale transaction would be completed after obtaining necessary permission from the authority concerned and on receipt of Rs. 2,10,000/-. The defendant/ appellant failed to apply for the required sale permission but on 07.09.2007 she approached the plaintiff/ respondent and requested to pay an amount of Rs. 2,00,000/- out of the remaining sale consideration in order to obtain permission. Plaintiff/ respondent in order to show the willingness paid the sum of Rs. 2,00,000/- and the defendant/ appellant executed a money receipt in favour of the plaintiff/ respondent. The plaintiff/ respondent thereafter requested the defendant/ appellant to accept the balance sale consideration of Rs. 10,000/- and to complete the sale transaction by executing and registering the sale deed. The defendant/ appellant along with her son started avoiding the plaintiff/ respondent and finding no alternative a notice was issued by the plaintiff/ respondent on 20.06.2008 requesting the defendant/ appellant to come forward and complete the sale transaction. There was no move on the part of the defendant/ appellant following which the suit was preferred.
(3.) On receipt of the summons, the defendant/ appellant along with her son, the defendant no. 2 in the suit, entered appearance and sought time to file written statement but subsequently they remained absent and it was ordered that the suit shall proceed ex-parte. Though the defendant/ appellant filed an application to set aside the order of ex-parte order the same was rejected by giving the liberty to cross examine the witnesses of the plaintiff/ respondent. After adducing evidence by the plaintiff/ respondent and hearing the parties to the suit, a decree for specific performance of contract was passed in favour of the plaintiff/ respondent and the operative portion of the judgment is reproduced hereinbelow:- O R D E R Accordingly, the suit is partly decreed ex-parte in favour of the plaintiff. It is hereby declared that the plaintiff is entitled to a decree for Specific Performance of Contract against the defendants directing them to obtain necessary permission and to execute the Sale Deed of Schedule land on receipt of balance consideration amount in favour of the plaintiff. It is further directed that the defendants will execute and register the Sale Deed within 3 months from the receipt of the notice. The suit is accordingly disposed ex-parte without cost. Prepare the decree accordingly.;


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