- (1.)This is an appeal against the judgment and decree dated 19-8-1993 passed in O. S. No. 7 of 1992 Ram Singh v. Shyam Narain by Civil Judge, Ralaun at Orai whereby he decreed the suit of the plaintiff- respondent and directed the defendant - appellant to execute the sale deed of the disputed land after obtaining the balance amount of sale consideration.
(2.)The plaintiff - respondent had filed a suit for specific performance of the contract to sale in respect of a land Khata No. 262 Plot No. 138 452 measuring 0.98 decimal and 7 decimal respectively situate at village Deogaon, Pargana Coanch, District Jalaun. The case of the plaintiff- respondent in brief is that the defendant - appellant is a Bhumidhar of the disputed land. He has executed a registered agreement to sale of the disputed land on 2-2-1988 in favour of the plaintiff - respondent at a consideration of Rs. 2 lacs. The sale deed was to be executed within two years. The defendant received a sum of Rs. 1,50,000/- as earnest money and the balance amount of sale consideration was to be paid at the time of the execution of the sale deed. The plaintiff was always ready and willing to perform his part of the contract. The plaintiff served a notice dated 7-2-90 directed him to execute the sale deed on 19-2-1990 but the defendant did not turn up, hence the suit.
(3.)The defendant - appellant contested the suit on various grounds alleging that he never executed any agreement to sale of the disputed land nor obtained earnest money. It has been alleged by him that he deals in the business of the commission agency of food grains. The plaintiff used to sell his grains on the agency of the defendant. In the year 1988, the plaintiff kept his grains in the godown of the defendant and obtained Rs. 60,000/- from the defendant as a part payment. The defendant at the request of the plaintiff executed a guarantee deed on 2-2-1988 and it was settled when the grains will be sold the plaintiff will receive the entire sale price, will return the guarantee deed to the defendant. The defendant on 9-7-1988 sent a notice to the plaintiff for cancellation of the agreement Dated 2-2-1988 and refused to execute the Sale deed. The plaintiff did not file any suit up to three years from the said refusal. Therefore, it is presumed that he abandoned the agreement to sale. The suit is barred by Sections 16 and 20 of the Specific Relief Act. The suit is barred by time. On the pleading of the party the learned Civil Judge has framed following issues:
1) Whether the defendant agreed to sell the disputed land to plaintiff at a consideration of Rs. 2 lacs and obtained Rs. 80,000/- as earnest money Rs. 70,000/- at the time of registration of the agreement to sale and validly executed the agreement to sale Dated 2-2-1988? 2) Whether the defendant agreed to execute the sale deed in accordance with the terms of agreement to sale within two years? 3) Whether the plaintiff obtained the agreement to sale fraudulently ? 4) Whether the suit is barred by Sections 16 and 20 of the Specific Relief Act? 5) To what relief, if any, is plaintiff entitled? 6) Whether the suit is barred by time?