NARENDRA NATH TIWARI, J. - (1.) THIS is the plaintiff appellant 'sappeal against the judgment and decree of affirmance passed by the District Judge, Giridih in T.A. No. 18 of 1999.
(2.) THE plaintiff filed a Title Suit No. 176 of 1997/1998 of 1999 in the Court of IVth Additional Munsif, Giridih praying relief for a direction to the defendant to accept the consideration amount and to execute registered sale deed in respect of the suit land in favour of the plaintiff. The plaintiffs case, in brief, was that he was the owner of the suit property in respect of the plot No. 176 area 0.66 -1/2 acres and plot No. 177 area 0.59 acres total area 1.25 -1/2 acres under Khata No. 22 of village Mandra P.S. Gandey, District Giridih. The plaintiff was in need of Rs. 8000/ - and as such he approached the defendant, who agreed to advance a sum of Rs. 8000/ - on condition of executing the sale deed in respect of the suit land and tank in favour of the defendant. It was then agreed that defendant would execute an agreement for sale of the suit land and tank in favour of the plaintiff to execute sale deed in respect of the land and tank in favour of the plaintiff, if the plaintiff pays back the said amount of Rs.8000/ - to the defendant in the month of Magh within seven years from the date of the execution of the agreement for sale. Accordingly, the plaintiff executed a registered sale deed in respect of the suit land and tank on 8.3.1991 and the defendant executed registered agreement for sale on 8.3.1991 in favour of the plaintiff. According to the plaintiff, he tendered Rs. 8,000/ - to defendant on 31.1.1997 within seven years but the defendant refused to accept the money and execute the agreed sale deed. Hence the suit was filed.
(3.) DEFENDANT appeared and contested the suit by filing a written statement. It was, interlia, contended that the suit was not maintainable as the plaintiff was never ready with money or willing to perform the contract on his part and the defendant all along requested the plaintiff to perform the contract on his part but the plaintiff all along deferred and did not perform his part of the contract rather he wanted to squeeze more money from the defendant.;