- (1.) This civil first appeal has been filed by the appellant- defendant to assail the judgment and decree dated 5th May, 2016 passed by the learned Additional District Judge No.2, Bhilwara in Civil Original Suit No. 158/2013 titled as "Kamal Vs. Babu Lal" whereby, a sum of Rs.16,50,000/- has been decreed in favour of the respondent-plaintiff along with the interest amount @ 12% per annum from the date of filing of the suit till the recovery of the money.
(2.) The facts giving rise to this appeal are that the plaintiff- Kamal filed a suit against the defendant-Babu Lal alleging that on 9th February, 2013, the defendant, while entering into an agreement to sell his agricultural land measuring 8 biswas situated in village Eeras, Tehsil and District Bhilwara for a consideration of Rs. 24,00,000/- received a sum of Rs.16,00,000/- as an advance and executed an agreement to this effect in favour of the plaintiff but he failed to fulfill the agreement and, therefore, the plaintiff is entitled to recover the money back along with interest amount of Rs.50,000/- @ 12% per annum interest.
(3.) The appellant-defendant filed the written statement denying the facts narrated above and mentioned that the plaintiff-respondent forcibly got the alleged agreement signed from him intimidating and threatening to get him implicated in some false criminal case. For this, he filed an FIR No. 194/2013 in PS Kotwali, Bhilwara against the plaintiff and his fellows. He also mentioned that he did not own any such agricultural land in Eeras (Bhilwara) and has never received any amount as an advance after entering into an agreement to sell it.;