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G.S.SOLANKI
Dadu Kaushalendra Nath Singh – Appellant
Versus
Thakur Narayan Singh – Respondent
G.S. Solanki, J.
1. Being aggrieved by the judgment and decree dated 11.02.2005, passed by District Judge, Seoni, in civil suit No. 3-A/01, Defendant/Appellant has preferred this appeal under Section 96 of Code of Civil Procedure
2. In short the Plaintiff/Respondent's case is that the Defendant/Appellant owing a shop in Seoni city which is situated in Block No. 49, Plot No. 209/5, area of 15.5" X 14" pakka construction along with the open plot of 12.5"X17.5" adjoining to backside of the shop, aforesaid shop and plot hereinafter to be referred as disputed property.
3. According to Plaintiff/Respondent, Defendant/Appellant executed an agreement to sale of disputed property on 21.06.2000 vide Ex. P/1 for the amount of Rs. 1,48,500/-, out of which Rs. 48,500/-was taken as an advance. As per terms of the agreement rest amount of Rs. 15,000/-will be paid on Dipawali, 2000 and the balance of Rs. 85,000/-to be paid up to 8.3.2001. Thereafter Defendant/Appellant will execute the registered sale deed in favour of Plaintiff/Respondent.
4. It was further pleaded that Defendant/Appellant had taken Rs. 5000/-on 18.7.2000 and Rs. 15,000/-on 13.10.2000, total Rs. 20,000/-as per terms of agreem
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