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Arun Agrawal vs Shri Balveer Singh Bagga (Dead) ...
2023 Latest Caselaw 6341 MP

Citation : 2023 Latest Caselaw 6341 MP
Judgement Date : 20 April, 2023

Madhya Pradesh High Court
Arun Agrawal vs Shri Balveer Singh Bagga (Dead) ... on 20 April, 2023
Author: Arun Kumar Sharma
                                                       1
                                IN     THE     HIGH COURT OF MADHYA
                                                   PRADESH
                                                 AT JABALPUR
                                                  BEFORE
                                 HON'BLE SHRI JUSTICE ARUN KUMAR SHARMA
                                             ON THE 20 th OF APRIL, 2023
                                           FIRST APPEAL No. 838 of 2011

                          BETWEEN:-
                          ARUN AGRAWAL S/O SHRI R.P.AGRAWAL, AGED
                          ABOUT 40 YEARS, R/O. E-7/11, LALA LAJPATRAI
                          SOCIETY, ARERA COLONY, BHOPAL (MADHYA
                          PRADESH)

                                                                                .....APPELLANT
                          (BY SHRI ASHISH GIRI - ADVOCATE )

                          AND
                          1.    SHRI BALVEER SINGH BAGGA (DEAD) THR.
                                LRS GURUDAYAL SINGH BAGGA S/O LATE
                                BALBIR SINGH BAGGA, AGED ABOUT 52
                                Y E A R S , OCCUPATION:   WORKING    AS
                                INSURANCE      ADIVISAS,   R/O  KOMAL
                                APARTMENT        FLAT    NO.1,  BEHIND
                                CAMBRIDGE       SCHOOL    IDGAH   HILLS
                                BHOPAL (MADHYA PRADESH)

                          2.    BALWANT SINGH BAGGA S/O LATE SHRI
                                BALBIR SINGH BAGGA, AGED ABOUT 49
                                YEAR S, OCCUPATION: WORKING AS RTO
                                R/O. 29, NEELKANT COLONY IDGAH HILLS
                                BHOPAL (MADHYA PRADESH)

                                                                             .....RESPONDENTS
                          (BY SHRI ROHIT SOHGAURA - ADVOCATE AND SHRI DAYA
                          SHANKAR DWIVEDI - ADVOCATE )

                                This appeal coming on for hearing this day, the court passed the
                          following:
                                                        ORDER

Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 4/25/2023 5:40:41 PM

This is the plaintiff's first appeal under Section 96 of the Code of Civil Procedure. The plaintiff has preferred this appeal feeling aggrieved and dissatisfied with the impugned judgment and decree dated 29.07.2011 passed by learned Fourth Additional Judge to the court of Tenth Additional District Judge (Fast Track), Bhopal, in R.C.S.No.274-A/08, whereby the suit instituted by the appellant / plaintiff for specific performance of contract has been partly decreed in his favour.

2. At the outset it is necessary to mention here that during the pendency of this appeal, one of the plaintiff namely R. P. Agrawal has died. Moreover, the respondents are the legal representatives of the original defendant Balveer Singh who also died during the pendency of this appeal.

For convenience, the appellant and the respondent will also be referred by their ranks in the suit as 'plaintiff and defendant', respectively. The plaintiff's case, as projected in the plaint filed on 4.3.2008 is that the plaintiff and one R.P. Agrawal instituted a civil suit no.274-A/08 against the original defendant Balveer Singh before the Fourth Additional Judge of the Court of Tenth Additional District Judge (Fast Track), Bhopal, for specific performance of the contract / agreement, inter alia alleging that the defendant entered into an agreement vide Ex.P/1 dated 23.7.2007 with the plaintiff for sale of suit property viz plot no. 9, area 2400 Sq. ft. situated in Munnipuram Colony behind Ravi Shankar Nagar, Chaar Imli, Bhopal, for a total sale consideration of Rs.50,00,000/- (Rupees Fifty Lacs only). According to the plaintiff, earnest money was paid to the defendant and agreed to pay the balance amount on fulfillment of conditions ascribed in

Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 4/25/2023 5:40:41 PM

t h e agreement. Before execution of the sale deed, the defendant was required to obtain necessary permission from the competent authority i.e. Avas Raahat Grah Nirman Sahkari Samiti, Bhopal because on the date of agreement, the said Samiti which had allotted plot no. 9 to the respondent - defendant, had not yet executed any sale deed in favour of the defendant. According to the agreement, upon execution of the deed of lease in favour of the defendant and after observing all other formalities as laid down in the agreement, he would execute the sale deed within a period of three months from the date of execution of the deed of lease in favour of the defendant by the said Samiti. The lease deed in favour of the defendant was executed on 13.11.2007 vide Ex.P/2 but the defendant never informed the plaintiffs about the same and instead, cancelled the agreement by giving a legal notice dated 20.2.2008 vide Ex.P/4 through his Advocate which was replied by the plaintiffs. According to the plaintiffs, they were always ready and willing to perform their part of contract. The plaintiff repeatedly requested the defendant to execute the agreement, however, the defendant continuously avoided the same. However, ever after execution of lease deed and transfer of the plot in favour of the defendant, he neither informed the plaintiffs nor executed the sale deed in favour of the plaintiffs. As the defendant failed to perform his part of contract, the plaintiffs filed the suit.

3. The defendant filed written statement denying the plaint averments. According to the defendant, on 13.11.2007 the Samiti executed lease of

deed in favour of the defendant and it was well within the knowledge of the plaintiffs. According to the agreement dated 23.07.2007, the plaintiffs

Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 4/25/2023 5:40:41 PM

were supported to pay the remaining outstanding amount to the defendant within a period of three months from the date of allotment of the land in favour of the defendant by the Samiti but the plaintiff did not fulfill the conditions of the agreement. It is also averred that the plaintiff was not having sufficient fund to perform his part of contract. Therefore, the defendant issued legal notice on 20.2.2008 through his Advocate and the agreement to sale dated 23.07.2007 was cancelled. However, the plaintiff refuting the contents of the said notice strongly contended that he was not having knowledge of the execution of lease deed in favour of the defendant. On 29.2.2008 the defendant through his Advocate also given reply to the notice dated 20.2.2008 got published by the plaintiff in the daily newspaper and prayed that the suit be dismissed.

4. Based on the above extracted pleadings of the parties, the trial Court framed five material issues for determination; recorded the evidence of the parties and finally decreed the suit partly vide impugned judgment and decree dated 29.07.2011. However, learned trial Court decided two issues in favour of the plaintiffs but finally decreed the suit by directing the defendant to refund the amount so received by him with interest at the rate of 12% per annum to the plaintiff. Further trial Court held that bye-laws of the Samiti have restricted transfer of the plot for a period of seven years and that being so, the defendant could not have transferred the plot in question in favour of the plaintiffs. It has been further observed that the amendment in the Co-operative Societies Act, though not retrospective, also prohibited transfer vide Section 72-E, because of this reason, the trial

Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 4/25/2023 5:40:41 PM

court did not order for execution of the sale deed by the defendant in favour of the plaintiffs in respect of the suit property.

5. Assailing the findings recorded by the trial Court against the plaintiff, learned counsel appearing on behalf of the appellant has asserted that the trial Court has committed grave error of law and facts in holding that the plaintiff failed to perform his part of contract in terms of agreement Ex.P/1. In fact, he expressed his readiness and willingness to perform his part of the contract by furnishing details of the bank account vide Ex.P/10 to P/15 which are sufficient to show bona fide on the part of the appellant / plaintiff. The plaintiff has been able to prove his readiness and willingness as per the mandate of Section 16 (c) of the Specific Relief Act. Further, the provisions as relied on by the trial Court are prospective in nature and not retrospective in nature. Thus, the same could not have been a ground for denying decree of specific performance in favour of the plaintiff. Further, the defendant failed to prove the execution of lease deed dated 13.11.2007 (Ex.P/2) in his favour and presence of the appellant by way of evidence of its attesting witness. Thus, the material breach of contract was on the part of the respondent / defendant who did not intimate the appellant about execution of lease deed by Samiti in his favour and execution of lease deed in the presence of the appellant not established by independent witness as per Section 67 of the Indian Evidence Act. In support of the said contentions, the learned counsel appearing on behalf of the appellant cited the judgment of the Hon'ble Supreme Court in the case of Jagjit Singh v. Amarjit Singh (2018) 9 SCC 805 Para 4, J.P. Builders v. a. Ramadas Rao (2011) 1 SCC 429 Paras 22 and 25

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to 27, Man Kaur v. Hartar Singh Sangha (2010) 10 SCC 512 Paras 17 and 23 and Rami Bai v. LIC of India, 1981 MPLJ 192 Para 11 a n d prayed that the appeal be allowed passing a decree for specific performance of contract in favour of the appellant in its entirety.

6. Per contra, learned counsel for the respondents has argued that the time was of the essence of the contract as a specific period was mentioned for the deposit of the remaining sale consideration and in fact, the consequences of the failure to deposit the remaining sale consideration have also been explicitly spelled out in the agreement to sale dated 23.7.2007 vide Ex.P/1. Learned counsel has also drawn attention of this Court to Sections 72-D and 72-E of the M.P. Cooperative Societies Act, 1960 and Section 23 of the Indian Contract Act, 1872 and Section 54 of the Transfer of Property Act, 1882. Further contended that the trial court has rightly passed the judgment and decree. The trial court has passed a detailed judgment taking into consideration all aspect of the matter and facts and circumstances of the case. To buttress his contentions, learned counsel for the respondents has relied upon Hasvantbhai Chhanubhai Dala v. Adesinh Mansinh Raval and others (2019) 2 GLH 357 paras 38, 66, 69, 72, 73 and Chandrabhan Chunnilal Gour v. Shravan Kuma r Khunnolal Gour and another, 1980 Mh. LJ 690 and

contended that the relief of specific performance is an equitable relief and weighing the entire facts and circumstances, the trial Court rejected the relief of specific performance of contract in favour of the appellant / plaintiff and there is no irregularity as such.

Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 4/25/2023 5:40:41 PM

7. I have heard the learned counsel for the respective parties at great length and also perused the record and considered in depth the impugned judgment passed by the trial Court as well as the case law cited by rival parties.

8 . A plain reading of para 19 of the judgment of the trial court it is evident that the trial court has found that the appellant / plaintiff had sufficient fund at the time of agreement for payment of remaining balance amount and therefore, it cannot be said that the appellant was not capable to purchase the suit property on account of insufficient fund. Hence, the contention of the defendant that the appellant had not sufficient fund is incorrect and irrelevant.

9. As per clause 4 of the agreement dated 23.07.2007 (Ex.P/1), the appellant has paid Rs.10,11,000/- to the defendant and it also agreed by the parties that Rs.5,00,000/- shall be paid by the plaintiff till 15.8.2007 and remaining sale consideration shall be paid after three months from the date of lease deed to be done in favour of the defendant by the Samiti after completing all other formalities as laid down in the agreement. Further, on perusal of clause 1 to 3 of the agreement it is crystal clear that the defendant signed the agreement being exclusive owner and possession holder of the suit property and he had all right reserved for transaction of the suit property.

10. On perusal of the conditions of the agreement it is found that the respondent / defendant did not fulfill the conditions of the agreement dated 23.07.2007 even after taking huge amount from the appellant which is evident from the agreement Ex.P/1 itself. It is also found that the appellant

Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 4/25/2023 5:40:41 PM

/ plaintiff was ever ready and willing to perform his part of contract. The readiness and willingness of the appellant is also axiomatic from Ex.P/7 dated 28.8.2010 by which paper publication was got done by the appellant through his Advocate in the daily newspaper with regard to purchase of the suit property in which it is clearly mentioned that the appellant has entered into an agreement with the respondent - defendant and he has also paid earnest money and he is also ready to pay the balance amount. The conduct of the appellant is luminous and showing his promptness and eagerness to perform his part of contract. However, the respondent / defendant raised an objection and an information in this regard was also published in the daily newspaper as is evident from Ex.P/8. From perusal of the agreement and the evidence of the defendant, it is evident that the defendant had taken earnest money from the plaintiff in lieu of agreement to sale. It is admitted fact that the plaintiff paid Rs.2,11,000/- in cash and Rs.3,00,000/- was paid through D.D.No.584887 dated 24.07.2007 ICICI Bank, Branch Itarsi to the defendant. One glaring aspect of the matter is that the defendant throughout in his pleading has never denied contents of the agreement dated 23.7.2007 Ex.P/1 and payment of the amount from the plaintiff. The agreement vide Ex.P/1 dated 23.7.2007 is not disputed between the parties. The trial Court decided issue no.1 in favour of the appellant / plaintiff and observed that the defendant has failed to fulfill the conditions enumerated in the agreement.

11. Further, the trial Court in its para 19 of the judgment has given

Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 4/25/2023 5:40:41 PM

finding to the effect that the appellant - plaintiff has expressed his readiness and willingness to perform his part of the contract by furnishing details of the bank account vide Ex.P/10 to P/15 which are sufficient to show bona fide on the part of the appellant / plaintiff. It has also been observed that the plaintiff had sufficient fund to perform his part of contract. Further, trial Court in para 16 of its judgment has observed that despite readiness and willingness of the plaintiff, execution of the sale deed could not have been done.

12. The appellant has been able to prove his readiness and willingness as per the mandate of Section 16 of the Specific Relief Act which reads as under :-

16. Personal bars to relief - Specific performance of a contract cannot be enforced in favour of a person-

(a) who has obtained substituted performance of contract under Section 20; or

(b) who has become incapable of performing, or violates any essential term of, the contract that on his part remains to be performed, or acts in fraud of the contract, or willfully acts at variance with, or in subversion of, the relation intended to be established by the contract; or

(c) who fails to prove] that he has performed or has always been ready and willing to perform the essential terms of the contract which are to be performed by him, other than terms the performance of which has been prevented or waived by the defendant.

Explanation. For the purposes of clause (c),

Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 4/25/2023 5:40:41 PM

- (i) where a contract involves the payment of money, it is not essential for the plaintiff to actually tender to the defendant or to deposit in court any money except when so directed by the court;

(ii) the plaintiff must prove aver performance of, or readiness and willingness to perform, the contract according to its true construction.

13. The Supreme Court in the case of Kamal Kumar v. Premlata Joshi, reported in (2019) 3 SCC 704 has held as under :

7. It is a settled principle of law that the grant of relief of specific performance is a discretionary and equitable relief. The material questions, which are required to be gone into for grant of the relief of specific performance, are:

7.1. First, whether there exists a valid and concluded contract between the parties for sale/purchase of the suit property. 7.2. Second, whether the plaintiff has been ready and willing to perform his part of contract and whether he is still ready and willing to perform his part as mentioned in the contract.

7.3. Third, whether the plaintiff has, in fact, performed his part of the contract and, if so, how and to what extent and in what manner he has performed and whether such performance was in conformity with the terms of the contract;

7.4. Fourth, whether it will be equitable to

Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 4/25/2023 5:40:41 PM

grant the relief of specific performance to the plaintiff against the defendant in relation to suit property or it will cause any kind of hardship to the defendant and, if so, how and in what manner and the extent if such relief is eventually granted to the plaintiff; 7.5. Lastly, whether the plaintiff is entitled for grant of any other alternative relief, namely, refund of earnest money, etc. and, if so, on what grounds.

14. The Supreme Court in the case of C.S. Venkatesh v. A.S.C. Murthy, reported in (2020) 3 SCC 280 has held as under :

16. The words ready and willing imply that the plaintiff was prepared to carry out those parts of the contract to their logical end so far a s they depend upon his performance. The continuous readiness and willingness on the part of the plaintiff is a condition precedent to grant the relief of performance. If the plaintiff fails to either aver or prove the same, he must fail. To adjudge whether the plaintiff is ready and willing to perform his part of contract, the court must take into consideration the conduct of the plaintiff prior, and subsequent to the filing of the suit along with other attending circumstances. The amount which he has to pay the defendant must be of necessity to be proved to be available. Right from the date of the execution of the contract till the date of decree, he must prove that he is ready and willing to perform his part of the contract.

The court may infer from the facts and circumstances whether the plaintiff was ready

Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 4/25/2023 5:40:41 PM

and was always ready to perform his contract.

17. In N.P. Thirugnanam v. R. Jagan Mohan Rao, it was held that continuous readiness and willingness on the part of the plaintiff is a condition precedent to grant of the relief of specific performance. This circumstance is material and relevant and is required to be considered by the court while granting or refusing to grant the relief. If the plaintiff fails to either aver or prove the same, he must fail. To adjudge whether the plaintiff is ready and willing to perform his part of the contract, the court must take into consideration the conduct of the plaintiff prior to and subsequent to the filing of the suit along with other attending circumstances. The amount of consideration which he has to pay to the defendant must necessarily be proved to be available.

1 8 . In Pushparani S. Sundaram v. Pauline Manomani James, this Court has held that inference of readiness and willingness could be drawn from the conduct of the plaintiff and the totality of circumstances in a particular case. It was held thus: (SCC p. 584, para 5).

5. ... So far these being a plea that they were ready and willing to perform their part of the contract is there in the pleading, we have no hesitation to conclude, that this by itself is not sufficient to hold that the appellants were ready and willing in terms of Section 16(c) of the Specific Relief Act. This requires not only such plea but also proof of the same. Now examining the first of the two circumstances, h o w could mere filing of this suit, after exemption was granted be a circumstance

Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 4/25/2023 5:40:41 PM

about willingness or readiness of the plaintiff. This at the most could be the desire of the plaintiff to have this property. It may be for such a desire this suit was filed raising such a plea. But Section 16(c) of the said Act makes it clear that mere plea is not sufficient, it has to be proved.

19. Similar view has been taken by this Court in Manjunath Anandappa v. Tammanasa and Pukhraj D. Jain v. G. Gopalakrishna.

20. The judgment of this Court in Umabai v.

Nilkanth Dhondiba Chavan is almost similar to the case at hand where the plaintiff had filed a suit for specific performance of the agreement to re-convey property. The plea of the plaintiff was that the transaction was one of mortgage and the sale stood redeemed and the plaintiff was discharged from the debt and he was ready to pay the defendant the amount for the property only in the alternative that the plea of mortgage was not accepted by the Court, would show that his readiness was conditional. The plaintiff did not have any income and could not raise the amount required for repurchase of the property. In the totality of the circumstances, it was held that the plaintiff was not ready and willing to perform the contract. The conditions laid for the specific performance of the contract are in para 30, which is as under: (SCC P. 256).

30. It is now well settled that the conduct of the parties, with a view to arrive at a finding as to whether the respondent- plaintiffs were a l l along and still are ready and willing to perform their part of contract as is mandatorily required under Section 16(c) of

Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 4/25/2023 5:40:41 PM

the Specific Relief Act must be determined having regard to the entire attending circumstances. A bare averment in the plaint or a statement made in the examination-in-

chief would not suffice. The conduct of the respondent-plaintiffs must be judged having regard to the entirety of the pleadings as also the evidence brought on record.

15. There is a distinction between readiness to perform the contract and willingness to perform the contract. By readiness may be meant the capacity of the plaintiff to perform the contract which includes his financial position to pay the purchase price. For determining his willingness to perform his part of the contract, the conduct has to be properly scrutinized. The factum of readiness and willingness to perform the plaintiff's part of the contract is to be adjudged with reference to the conduct of the party and the attending circumstances. The court may infer from the facts and circumstances whether the plaintiff was ready and was always ready and willing to perform his part of the contract. The facts of this case would amply demonstrate that the appellant /plaintiff was ready and had the capacity to perform his part of the contract as he had a well sound financial capacity to pay the consideration in cash as contracted and intended to bide for the time which dis-entitles him as time is of the essence of the contract. Appellant had also furnished details of the bank account showing his financial condition vide Ex.P/10 to Ex.P/15 and the trail court has also given finding that the appellant / plaintiff had sufficient fund for purchase of the suit property.

Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 4/25/2023 5:40:41 PM

16. Balveer Singh (DW.1) appeared in the trial Court and stated that he cannot hear and see properly and in para 12 of his statement he stated that his brother and son are running his business and therefore, they are having entire information about the facts of the case. He admitted that he has only made signature on the agreement. Further, Gurudayal Singh (DW.2) who is son of the defendant has stated in his statement that on 13.11.2007 after registration of lease deed, he informed the plaintiff on phone and the information was given to the plaintiff on 17.11.2007. However, the trial Court in para 14 of its judgment has observed that there is no mention in the agreement so as to written information. Moreover, the defendant could not show any document before the trial Court that he has given the information to the plaintiff with regard to lease deed dated 13.11.2007. Plaintiff in his statement has stated that he got information on 23.2.2008 only when the defendant sent a legal notice dated 20.2.2008 through his Advocate by which the agreement was cancelled. The plaintiff also sent reply to the aforesaid notice through his Advocate on 29.2.2008 and on 27.2.2008 he also got published a notice in the daily newspapers, a copy of which is Ex.P/7 and Ex.P/8, in which also, the plaintiff has shown his willingness and readiness to perform his part of contract. In the aforesaid facts and circumstances of the case and the material and the evidence available on record, the trial Court has decided all the issues in favour of the plaintiff which is evident from para 20 of its judgment.

17. So far as provisions of Section 72 (g) of the Cooperative Society Act, 1960 which clearly restrains transfer of a immovable property for a period of seven years and Section 72 (e) of the Act makes any transfer

Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 4/25/2023 5:40:41 PM

without permission is a punishable offence. Thus, the respondent - defendant cannot execute sale deed in favour of the appellant - plaintiff for a period of seven years as per the provisions of M.P. Cooperative Societies Act. However, trial Court in para 17 of its judgment has observed that such amended provisions are retrospective in nature. Further, the Constitution of India does not permit a retrospective operation of any given act unless there is any implication in law stating that the law that is there has to be retrospective in nature.

18. Learned counsel for the defendant - respondent has also drawn attention of this Court to Section 23 of the Indian Contract Act, 1872 and Section 54 of the Transfer of Property Act, 1882 and in this regard also cited judgments as mentioned above. From pleadings of the parties and on perusal of the contents made in the agreement dated 23.7.2007 (Ex.P/1), it is clear that the defendant willfully and without any fear and pressure entered into contract with the plaintiff for the sale of the suit property. There is a specific clause in the agreement that the defendant after getting lease deed in his favour and after completing all due formalities and after obtaining full sale consideration, shall execute the sale deed in favour of the plaintiff and shall hand over the possession thereof. Thus, it is clear that the defendant himself has committed breach of the contract / agreement and after getting lease deed in his favour by the Society has not performed his part of contract and even has not given any information in this regard to the plaintiff. Thus, the provisions of the relevant Act relied upon by the defendant are not attracted looking to the

Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 4/25/2023 5:40:41 PM

facts and circumstances of the present case.

19. The Supreme Court in Pandurang Ganpat Tanawade v. Ganpat Bhairu Kadam and others (1996) 10 SCC 51 (paras 5 & 8 are relevant) has held that if the plaintiff has proved his willingness and readiness, he is entitled to get decree of specific performance of contract and similar view has also been adopted in Syed Dastagir v. T. R. Gopalakrishna Setty (1999) 6 SCC 337 (paras 9 to 13 are relevant).

20. The Apex court in a recent judgment rendered in Sughar Singh v. Hari Singh (dead) Thr. LRs. and others, AIR 2021 SC 5581 has clearly held that Section 20 of Relief of specific performance is no longer a discretionary relief and Section 10 (a) though may not be applicable retrospective but can be guide on discretionary relief.

21. In view of the statements of the plaintiff and defendant as well as his legal heirs and the averments contained in the plaint, the appellant - plaintiff has not only averred but has also proved that he was ready and willing to perform his part of the contract under the agreement for sale. Accordingly, this Court is of the considered opinion that the plaintiff - appellant has successfully established his case.

22. Ex Consequenti, the appeal is allowed and the judgment and decree dated 29.7.2011 passed in RCS No.274-A/2008 by Fourth Additional Judge to the Court of Tenth Additional District Judge (Fast Track), Bhopal is hereby set-aside. The suit filed by the appellant - plaintiff deserves to be and is hereby decreed subject to payment of remaining sale consideration to the respondents / legal heirs of the defendant before the trial Court within a period of one month from the date of receipt of

Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 4/25/2023 5:40:41 PM

certified copy of this order and upon making other expenses as per the agreement vide Ex.P/1 dated 23.7.2007, they shall execute the sale deed in respect of the suit land / property in favour of the plaintiff / appellant within a period of one month from the date of receipt of the remaining sale consideration. The appellant / plaintiff shall also pay stamp duty of conveyance deed as per present collector guidelines existing today.

23. Parties to bear their own costs. Registry is directed to draw a decree accordingly. Interim order, if any, stands vacated.

(ARUN KUMAR SHARMA) JUDGE JP

Signature Not Verified Signed by: JITENDRA KUMAR PAROUHA Signing time: 4/25/2023 5:40:41 PM

 
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