JUDGMENT

D. DASH, J. : The appellant (defendant in the Court below) being unsuccessful in the Court of Subordinate Judge, 1st Court, Cuttack (as it was then) in T.S. No.11 of 1986 has filed this appeal challenging the judgment and decree passed therein decreeing the suit of the respondent (plaintiff in the Court below) for specific performance of contract for sale of the suit land with structures standing thereon.

2.For the sake of convenience and to avoid confusion in order to bring clarity, the parties hereinafter have been referred to as they have been arrayed in the suit.

3.The plaintiff has filed the suit for specific performance of contract for sale of the suit land in the busy locality of Choudhury Bazar of Cuttack, the ancient and historic city of the State of Odisha as described in Schedule-‘A’ of the plaint together with a double stored building standing thereon comprising of shop rooms and residential houses, directing the defendant to execute and register the sale deed on receiving balance consideration of Rs. 63,000/- within the time stipulated and on failure to be done through Court with the relief of permanent injunction.

4.Plaintiff’s case is the following :-

The Schedule-‘A’ property absolutely belonged to one Jagadei Bai Bajaj and that she had got in a partition under a registered deed of partition. Jagadei died on 10.05.1982 leaving the defendant as her daughter and sole successor-in-interest. The defendant has been given in marriage at Kolkata in West Bengal.

The plaintiff was inducted by Jagadei as a tenant in respect of a portion of the building standing over land Schedule-‘A’ on a monthly agreed rent of Rs. 1,000/- with effect from April, 1981.

4.1Jagadei being old and ailing wanted to shift to Kolkata to stay there with her brother as nobody remained by her side at Cuttack to look after her. So she wanted to sell the property described in Schedule-‘A’ and this plaintiff agreed to purchase the same. Therefore, an agreement was entered into between them on 10.07.1981 for sale of the said property for a consideration of Rs.1.90 lakh. A sum of Rs. 1.00 lakh was paid to Jagadei Bai Bajaj, on that day by the plaintiff in presence of witnesses and the possession of the Schedule-‘A’ property together with the structure standing thereon was accordingly delivered and the Jagadei also parted with the custody of all the title deeds in respect of said property in favour of plaintiff. It was agreed that after obtaining permission from Khasmahal and from Urban Land Ceiling Authorities, the sale deed would be executed and registered within a period of one and half year. It is stated that the defendant who is the daughter of Jagadei was then present.

4.2The plaintiff then repaired the building and further constructed residential rooms on the first floor with kitchen and store rooms spending a sum of Rs.51,000/- and carried on business. When the plaintiff stayed in the ground floor, he also inducted a tenant, namely, Gopal Pediwal on the first floor w.e.f. 01.06.1965 and one Mahavir Prasad Agrawal who was earlier a tenant continued as such accepting the plaintiff as his landlord and so also one Nandalal Harlalka.

4.3Jagadei died on 10.05.1982. Thereafter the defendant also acknowledged the execution of earlier agreement made by her mother on 10.07.1981. In this regard she executed another agreement on 19.12.1982 and received further sum of Rs.40,000/- in presence of local gentlemen, as further part of consideration as agreed before. It was then agreed that sale deed would be executed in January, 1986 after renewal of Khasmahal lease in her favour on receiving balance sum of Rs. 50,000/-.

4.4That subsequently, the defendant demanded more money and then there arose dispute. So a settlement was arrived at the intervention of local gentlemen during end of month of December, 1982. It was agreed that the plaintiff would continue to pay Rs.36,000/- towards further consideration money by way of monthly rent @ Rs.1,000/- from 01.01.1983 t