- (1.) This civil first appeal has been filed by the appellant-plaintiff Pushpendra Singh Sengar against the judgment and decree dated 4.3.2011 passed by learned Additional District Judge (Fast Track) No.5, Udaipur (for short "the trial court") in Civil Original Suit No.133/2008, whereby the suit filed by the appellant for specific performance of the contract and for perpetual injunction was rejected.
(2.) The brief facts of the case are that the appellantplaintiff filed a suit against the respondent-defendant for specific performance of the contract dated 6.7.2005 before the trial court on 15.4.2008 stating therein that the defendant is having a plot measuring 30' X 50' total 1500 Pushpendra Singh Sengar Vs. Bhanwar Lal Gameti square feet, details of which are mentioned in the para No.1 of the plaint. When the defendant proposed to sell his plot, the plaintiff accepted his proposal and agreed to purchase the plot for a sum of Rs.75,000/-. It was further averred that the plaintiff paid Rs.50,000/- on 6.7.2005 and it was settled that remaining amount of Rs.25,000/- will be paid at the time of execution of sale-deed. An agreement to sale dated 6.7.2005 said to have been executed between the parities. Thereafter, the plaintiff further paid Rs.20,000/- on 5.9.2005 and defendant issued a receipt dated 5.9.2005 for both the aforesaid payments. When the defendant failed to comply with the agreement to sale then the plaintiff sent a registered notice to him on 14.5.2007 through his counsel and showed his readiness and willingness to comply with the agreement. Thereafter, the plaintiff filed the suit for specific performance of the agreement as well as for perpetual injunction. It was prayed that physical possession of the plot in question be given to the plaintiff.
(3.) The respondent-defendant submitted his written statements denying the contents of the suit. The defendant came with the case that he has not entered into the agreement dated 6.7.2005 and further, he has not received amount of Rs.50,000/-. It was pleaded that plaintiff got the signature of the defendant to avail loan. He also took Pushpendra Singh Sengar Vs. Bhanwar Lal Gameti preliminary objection regarding admissibility of the agreement dated 6.7.2005 in evidence. It was also pleaded that he filed a complaint on 13.3.2007 against the plaintiff and one Nagendra Singh.;