IMPORTANT POINT
Specific Relief Act, 1963 – Section 20 – Indian Evidence Act, 1872 – Sections 91 and 92 – Agreement to sell – Decree for specific performance of contract – Agreement does not require to be signed necessarily both by vendor and purchaser but can also be oral – It can also be oral and can also be by exchange of communication which may or may not be signed.

JUDGMENT (C.A.V.)

Heard learned counsel for the appellant and learned counsel for the respondent.

2. The instant appeal has been preferred against the judgment dated 7.8.2017 and decree dated 19.8.2017 passed in Title Suit no.52 of 2011 by the learned Sub Judge IV, Patna City, Patna whereby the suit filed by the plaintiff for specific performance of contract was decreed on contest against the defendant.

3. Against the judgment and decree passed by the learned court below, the defendant in the title suit has preferred the instant appeal. For the sake of convenience, the parties are being referred to as plaintiff/plaintiff-respondent or defendant/ defendant-appellant.

4. The case of the plaintiff in brief is that the defendant is the owner of a piece of land measuring an area of 10 dhurs containing a single storey pucca house, fully described in Schedule I of the plaint appertaining to C.S. Plot no.657 and 558 (part), khata no.613 and 614 respectively, sub plot 16A Holding no.35 situated at Mohalla New Azimabad Colony, East Sector-B, P.O.-Mahendru, Police Station-Sultanganj in the district of Patna and hereinafter referred to as the suit property. It is the case of the plaintiff that the defendant who was known to the plaintiff since long fell in dire need of money in the month of June, 2009. Not having been able to arrange for the same from any of his sources, he decided to sell his house and with this desire approached the plaintiff. The defendant also expressed his intention publicly in the market and got the same canvassed through his man. Different intending purchasers approached the defendant and negotiations took place. The plaintiff through her husband also approached the defendant. It is the case of the plaintiff that save and except the plaintiff, none of the others showed their readiness to pay the demanded consideration amount. No one was ready to pay a sum of Rs.4 lacs by way of advance. The plaintiff was ready and willing to pay total consideration amount of Rs.11 lacs for the suit property and was also ready to pay a sum of Rs.4 lacs by way of advance out of the total price of Rs.11 lacs. On the acceptance by the defendant of the consideration advance of Rs.4 lacs by the plaintiff and her husband, the contract was finally concluded on 3.6.2009. The plaintiff paid a sum of Rs.1 lakh in cash and Rs.3 lacs by a Bank draft issued in the name of the defendant.

5. It is further case of the plaintiff that as the defendant was not able to search out a non-judicial stamp worth Rs.100 for the sale agreement on 3.6.2009, the plaintiff herself purchased the same on 5.6.2009 and made the same available to the defendant for getting the sale agreement scribed and typed on the same. The defendant himself prepared the sale agreement and the same was executed on 6.6.2009. A photocopy of the same was kept by the defendant while the original was given to the plaintiff with the assurance that the registered sale deed would be executed on or before 6.3.2010 on receipt of the balance consideration money. It is the case of the plaintiff that she and her husband being old acquaintance of the defendant did not suspect any foul play. The plaintiff always kept herself ready to pay the balance consideration amount of Rs.7 lacs and to get the sale deed executed and registered in her favour. In the meantime, the defendant once again approached the plaintiff and her husband and requested for a further sum of Rs.3 lacs out of the balance consideration amount of Rs.7 lacs. In good faith, the plaintiff obtained two Bank drafts in favour of the defendant and paid a sum of Rs.2 lacs by Bank draft no.010141 drawn on the Canara Bank and Rs.1 lac by Bank draft no.037842 drawn on the Axis Bank Limited. On 26.9.2009, the defendant having received the said amount made endorsement in his pen and signed on the foot of page no.2 of the sale agreement dated 6.6.2009.

6. It is the case of the plaintiff that on asking about the execution and registration of the s