RADHA DEVI Vs. MADAN LAL KUMAR

JUDGEMENT

(1.) Heard Mr. Anil Kumar, learned senior counsel appearing for the appellant and Mr. Amit Kumar Das, learned counsel appearing for the respondent.

(2.) This Second Appeal has been preferred against the judgment and decree dated 12.09.2014 and 28.03.2016 respectively, passed by the (District Judge-III), Chaibasa in Title Appeal No.05 of 2010 whereby he has affirmed the exparte judgment and decree dated 22.02.2007 and 02.03.2007 respectively, passed by the learned Sub-ordinate Judge, I Chaibasa in Title Suit No.06 of 2004.

(3.) It transpires from the judgments of the trial court as well as the appellate court that suit for specific performance of the agreement dated 17.06.2002 entered into by and between the respondent/plaintiff and appellant/defendant for directing the appellant/defendant to execute and get the same registered a formal sale deed in respect of the suit property and in case of failure/neglect, refusal of appellant/defendant to do so a formal sale deed in respect of suit property be executed and registered in favour of respondent/plaintiff through the process of the court and in case decree for specific performance is granted then the respondent/plaintiff be put into the possession of suit property after evicting the appellant/defendant therefrom and in alternatively a money decree of Rs.1,50,000/- be passed against the appellant/defendant directing her to pay the same to respondent/plaintiff with an interest @ 18% on the principal amount on and from the date of agreement till the date of realization/payment whichever is earlier.