Smt. Ramshri vs Smt. Jaswanti

Pradeep Kumar Singh Baghel, J.—This is an appeal on behalf of the defendant under section 100 C.P.C.

The plaintiff-respondent instituted a suit for specific performance, which was registered as a suit no. 146 of 2004. The case of the plaintiff was that the defendant has executed a registered agreement to sell on 06.05.2003 for the sale of the agricultural plot of area 0.796 hectares of plot no. 70 situated in village Nagla Jat, Pargana Mustafabad, Tehsil Jasrana, District Firozabad for a consideration of Rs.60,000/-. It was stated that the plaintiff had paid Rs.40,000/- to the defendant and it was agreed that the balance amount of Rs.20,000/- shall be paid by the plaintiff at the time of execution of the sale deed. It was also agreed that the said sale deed shall be executed within a year. The plaintiff was always ready and willing to perform her contract and she requested the defendant for the execution of the sale deed but when no action was taken to perform the contract, the plaintiff had sent three notices dated 06.05.2003, 09.04.2004 and 27.05.2004 upon the defendant to execute the sale deed. When the defendant failed to execute the sale deed, the plaintiff had instituted the aforesaid suit.

The appellants-defendants filed written statement. A stand was taken that although agreement was executed by the defendant but it was in respect of the loan which she has taken for the purposes of marriage of her daughter.

The Trial Court framed five issues. One of the issues was whether the defendant has executed an agreement to sell on 06.05.2003. The Trial Court has found that the agreement was executed by the defendant on 06.05.2003 and she has received Rs.40,000/- and it was agreed that the balance amount of Rs.20,000/- shall be paid at the time of execution of the sale deed. The suit was decreed by the Trial Court on 28.01.2011.

Aggrieved by the said judgement and decree, the defendant preferred a Civil Appeal No.21 of 2011 which has also been dismissed. The Lower Appellate Court in its judgement considered the evidence on record. Learned counsel for the appellant has failed to point out any perversity in the finding recorded by the courts below. Learned counsel for the appellant has relied on a judgement of this Court in the case of Ram Das v. Jagat Singh (deceased) Thr. LRs., [2015 (126) RD 273]. The said judgement has no application to the facts of the present case.

In the said case the Appellate Court has recorded finding that no agreement to sell was executed but it was only executed to recover the amount of loan or to secure loan.

Learned counsel for the appellant has filed a supplementary affidavit bringing on record the registered agreement to sell.

In view of the above, I do not find any substantial question of law. The appeal lacks merit and it is, accordingly, dismissed.