SRIMANI VERMA Vs. CHANDRABALI

JUDGEMENT

(1.) Heard learned counsel for the parties on point of admission of this second appeal as well as on framing of substantial question of law.

(2.) In Original Suit No. 894/2002 (Chandrabali v. Smt. Srimani Verma) plaint case in brief was that defendant is owner of disputed property, who had executed registered deed of agreement of sell dated 04.07.2001 for sale of his property in favour of plaintiff for consideration of Rs.60,000/ -, and accepted Rs.35,000/ - as advance consideration. The plaintiff had been ready and willingly to perform his part of contract was ready to pay the remaining amount of sale consideration and get the sale -deed executed in his favour. But the defendant had avoided execution of sale deed. So the plaintiff had sent legal notice to defendant for execution of sale -deed after receiving remaining sale consideration. When the defendant had not executed sale -deed then plaintiff had filed suit for specific performance of said contract.

(3.) In original suit the defendant had filed written -statement by which vague denial of pleadings of plaint were made. Most of the paragraphs of plaint were not admitted, without any specific averment; and it was further pleaded in w.s. that defendants had not received any advance consideration of Rs.35,000/ - and plaintiff had never asked the him to execute the sale -deed. Plaintiff's notice was replied by defendant's notice. Plaintiff's suit is liable to be dismissed.