Created by Fuzzy Cloud

Patna High Court

Sanjay Kumar SharmaversusSubodh Kumar Sharma

Decided
Disposal
DISMISSED

Holding

The court held that the agreement for sale dated 10‑02‑2004 was valid, the plaintiff satisfied the readiness and willingness requirement under Section 16(c) of the Specific Relief Act, and consequently the decree for specific performance was upheld.

Summary

The appellant, Sanjay Kumar Sharma, was the defendant in a title suit where the plaintiff, Subodh Kumar Sharma, claimed that the appellant had agreed to sell a parcel of land for Rs 3,00,000 and had received Rs 2,94,000 as consideration but failed to execute the final sale deed. The plaintiff sought specific performance of the agreement dated 10‑02‑2004 (a Baibeyana deed). The appellant contended that the deed was forged, that the transaction was a loan, that the suit was barred by limitation, waiver and estoppel, and that a notice dated 07‑09‑2007 cancelled the agreement. The trial court held the deed valid, found the plaintiff ready and willing to perform under Section 16(c) of the Specific Relief Act, and granted specific performance. On appeal, the High Court examined the oral and documentary evidence, including admissions by the appellant’s father and brother that the agreement was executed and consideration received, and rejected the appellant’s claim of a loan or cancellation. It affirmed the trial court’s findings, held the agreement enforceable, and dismissed the appeal.

Issues considered

  • Whether the suit for specific performance is maintainable
  • Whether the plaintiff has a valid cause of action
  • Whether the suit is barred by limitation, estoppel, waiver or acquiescence
  • Whether the Baibeyana deed dated 10‑02‑2004 is a valid and genuine agreement for sale
  • Whether the plaintiff is ready and willing to perform his part of the contract under Section 16(c) of the Specific Relief Act
  • Whether the plaintiff is entitled to a decree for specific performance of the agreement
  • Whether the notice dated 07‑09‑2007 effects a cancellation of the agreement

Legislation cited

Subjects

  • specific performance
  • agreement for sale
  • baibeyana deed
  • contract law
  • estoppel
  • limitation
  • readiness and willingness
  • property law
  • civil procedure

Judgment

     IN THE HIGH COURT OF JUDICATURE AT PATNA
                      FIRST APPEAL No.102 of 2014
======================================================
Sanjay Kumar Sharma Son of Sri Shyam Narain Sharma @ Faujdari Sharma
Resident of Village - Damrahi Ghat, P.O. - Madhav Mills, P.S. - Malsalami,
District - Patna

                                                            ... ... Appellant/s

                                  Versus

1. Subodh Kumar Sharma Son of Lala Prasad Vishwakarma Resident of
Didarganj, P.O. - Madhav Mills, P.S. - Didarganj, District -Patna

2. Sunaina Devi, W/o Shri Nathun Rai, R/o village Didarganj, P.S. Didarganj,
P.O. Katra Bazar Samiti, District Patna

                                          ... ... Respondent/s
======================================================
Appearance :
For the Appellant/s    :      Mr. Ravindra Kr Sinha No.2
                              Mr. Trishul Dhari Nath Verma, Adv.
                              Mr. Samir Kumar Sinha, Adv.
For the Respondent No.1:      Mr.Awadhesh Kumar, Adv.
                              Mr. Shashi Shekhar Sharma, Adv.
                              Mr. Mohit Kumar, Adv.
                              Mr. Anjani Kumar, Adv.
For the Respondent No.2:      Mr. Ajay Kumar, Adv.
                              Mr. Awadhesh Kumar, Adv.
======================================================
CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
C.A.V. JUDGMENT

Date : 15-05-2026

              Heard the learned counsel for the appellant and

 learned counsels for the respondent Nos. 1 and 2.

              2. The instant appeal has been filed under section 96

 of the Code of Civil Procedure, 1908 (hereinafter referred to as

 “the code”) against the judgment and decree dated 22.03.2014

 passed by the learned Sub-Judge-V, Patna City, District Patna, in
Patna High Court FA No.102 of 2014 dt.15-05-2026
                                            2/25




         Title Suit No.199 of 2007.

                      3. The appellants were the defendants to the Title Suit

         No.199 of 2007 and the respondents herein were the plaintiff.

                      4. The case of the plaintiff was that the defendant

         Sanjay Kumar Sharma, was the absolute owner and occupier of

         a piece of land situated at Mauja Nasirpur, Rajpur, P.S.-

         Didarganj, Distt.- Patna having its Tauji no.- 232, Thana no.- 40,

         part of Khesra no.- 650 under Khata no.-157, having an area

         17(seventeen) dhur and 12(twelve) dhur. The defendant Sanjay

         Kumar Sharma was in dire need of money to meet out his legal

         necessity to pay off his creditors and there was no means to

         arrange and hence the defendant made a general proclamation

         for the suit land. After such proclamation, the plaintiff

         approached the defendant and requested him to sell the suit land

         and offered a sum of Rs. 3,00,000/- (Three Lakhs). The

         defendant found the offer price of the suit land to be reasonable

         and thus he voluntarily accepted the offer and agreed to execute

         an agreement for sale with respect to the suit property.

         Thereafter, a Baibeyana deed was drafted upon the instruction of

         the defendant on 10.02.2004 and the same having been typed on

         a non-judicial stamp was duly signed by the plaintiff and

         defendant. Upon such Baibeyana a sum of Rs. 1,44,000/- as an
Patna High Court FA No.102 of 2014 dt.15-05-2026
                                            3/25




         earnest money out of total consideration amount of Rs.

         3,00,000/-. The Baibeyana deed dated 10.02.2004 states that the

         defendant has to execute a registered sale deed in favour of the

         plaintiff with respect to the suit property within the stipulated

         period of 11(Eleven) months and the defendant has to perform

         his part positively by 9th January 2005. It has been stipulated

         that under the said sale deed, if the defendant fails to execute the

         sale deed in favour of the plaintiff on receipt of the balance

         consideration money, then the sale deed has to be executed

         through the process of the court at the cost of the defendant.

                      5. The plaintiff paid the consideration amount to the

         Defendant on the following days.

                       1. Rs. 34,000/-             On 05.01.2005
                       2. Rs.36,000/-              On 25.10.2005
                       3. Rs. 48,000/-             On 25.10.2006
                       4. Rs. 32,000/-             On 02.07.2007

                      6. Thus, Rs. 2,94,000/- out of Rs. 3,00,000/- was paid

         to the plaintiff. The plaintiff was always ready to get the sale

         deed executed on payment of the balance consideration money

         of Rs. 6,000/- but the defendant has deliberately and purposely

         failed to perform his part of the contract and failed to execute

         the absolute sale deed, and hence, for the performance of such

         suit was filed.

                      7. The defendant/appellant challenged the contention
Patna High Court FA No.102 of 2014 dt.15-05-2026
                                            4/25




         of the plaintiff on a number of grounds, submitting that the suit

         was not maintainable and the plaintiff had no cause of action

         and      that    the     suit    was      false   and   concocted.   The

         defendant/appellant stated that the suit is barred by law of

         limitation and the principles of waiver, estoppels and

         acquiescence. The defendant/appellant stated that he was in

         need of money and hence he took a loan of Rs. 1,44,000/- from

         the plaintiff on 10.02.2004, but the plaintiff, while giving the

         loan to the defendant, had obtained thumb impression on blank

         non-judicial stamp paper and also on plain papers and thereafter

         the plaintiff/respondent converted those papers into an

         agreement for sale illegally with a view to grab the property. It

         was further contended that the matter was set to rest by the

         intervention of people and the defendant had promised to return

         the loan amount within a year and then the plaintiff forgave his

         claim on the basis of an alleged agreement for sale dt.

         10.02.2004. Due to poverty, the defendant could not return the

         aforesaid loan amount to the plaintiff, as a result of which the

         plaintiff filed the suit. It is the case of the defendant/appellant

         that the defendant/appellant signed a blank non-judicial paper

         and one plain paper, which the plaintiff has illegally converted

         for its own use and thus on that basis the plaintiff filed the suit
Patna High Court FA No.102 of 2014 dt.15-05-2026
                                            5/25




         for specific performance. The defendant had never negotiated to

         sell the property and executed the baibeyana dated 10.02.2004.

                      8. The learned Trial Court on the basis of the

         pleadings of the parties and the materials available before it,

         framed the following issue:-

                      I. Is the suit as framed maintainable?

                      II. Whether the plaintiff has got a valid cause of action

         for the suit?

                      III. Is the suit barred by the law of limitation,

         estoppels, waiver and acquiescence?

                      IV. Whether the plaintiff is entitled to get a decree for

         specific performance of contract under the agreement for sale of

         Baibeyana deed dated 10.02.2004?

                      V. Whether the plaintiff was ready and willing to

         perform his part of the contract?

                      VI. Whether the baibeyana deed dated 10.02.2004 is

         legally valid and genuine?

                      VII. To what other relief or reliefs is the plaintiff

         found entitled?

                      9. The learned trial court recorded its finding that the

         most important issue to be decided was issue no.-4, i.e.,

         "Whether the plaintiff is entitled to get a decree for specific
Patna High Court FA No.102 of 2014 dt.15-05-2026
                                            6/25




         performance of contract under the agreement for sale of

         baibeyana deed dated 10.02.2004?” Thereafter, upon analysis of

         the oral and documentary evidence(s) on record adduced at the

         trial, the learned trial court came to a finding that the deed dated

         10.02.2004 is valid. The evidences adduced are consistent and

         cogent. The learned trial court has extol the oral evidence of

         P.Ws, and found that as readiness and willingness are required

         U/S 16(C) of the Specific Relief Act, the plaintiff has well

         proved that he has performed and has always been willing and

         ready to perform the essential terms of the contract of the

         agreement for sale dated 10.02.2004 executed by the defendant.

         The plaintiff proved his case and in this manner the learned trial

         court ruled in favour of the plaintiff.

                                          Submissions

                      10. Learned counsel for the defendant/appellant has

         submitted that it was neither the defendant/appellant, who had

         asked the deed writer to write the agreement for sale and nor

         was it typed on his instructions and the defendant/appellant

         denies the execution of any Bai Bayana including the Bai

         Bayana        dated      10.02.2004.      Learned   counsel   for   the

         defendant/appellant submits that it is an admitted case of the

         defendant/appellant that he was in urgent need of money, so he
Patna High Court FA No.102 of 2014 dt.15-05-2026
                                            7/25




         received amount of Rs.1,44,000/- from the plaintiff by way of

         loan and the plaintiff/respondent obtained signature and thumb

         impression on non-judicial stamp as well as on other blank

         papers and subsequently converted the same into Bai Bayana.

         The defendant/appellant has also denied that any further amount

         was received by the defendant/appellant.

                      11. The learned counsel for the defendant/appellant

         further submits that the defendant/appellant had in fact sent

         legal notice dated 07.09.2007 (Exhibit-3) though his advocate

         denying the execution of the alleged agreement for sale as well

         as requested to receive the amounting to Rs.1,44,000/- within 15

         days, which meant that the alleged Bai Bayana (Exhibit 1) even

         if was valid has been deemed to cancel. Learned counsel for the

         defendant/appellant has submitted that the findings arrived at by

         the learned Trial Court is wrong and incorrect as the learned

         Trial Court has not taken into account the Exhibit-3, i.e., the

         notice      dated     07.09.2007,         which   was   given   by   the

         defendant/appellant to the plaintiff/respondent no.1.

                      12. Learned counsel for the defendant/appellant has

         submitted that the plaintiff/respondent witnesses were not

         consistent and cogent has held by the learned Trial Court as P.W.

         1, namely, Subodh Kumar Sharma has admitted in his
Patna High Court FA No.102 of 2014 dt.15-05-2026
                                            8/25




         examination-in-chief that the original Bai Bayana dated

         10.02.2004 was executed in his presence and after receiving the

         earnest money the defendant/appellant had put his signature in

         the presence of the witnesses contradicts himself during cross-

         examination wherein he has admitted that he had not given the

         money and in fact his father had done all the work. It has been

         submitted that the said statement is beyond the pleading of the

         plaintiff and thus falsifies the case of the plaintiff.

                      13. It has also been submitted that as the father of the

         plaintiff/respondent no.1 has not been examined, in such

         circumstances the factum of execution and giving the

         consideration amount is not proved. It has next been submitted

         that as per the deposition of P.W. 2, it would be safely assumed

         that the agreement was not prepared in his presence and thus he

         is a hearsay witness and only to support the plaintiff’s version,

         he was examined and thus, his statement cannot be relied upon.

                      14. Referring to the statement of the P.W. 3, it has

         been submitted that the statements cannot be relied upon, in

         view of his contradictory statements made in paragraph ‘5’ and

         paragraph ‘21’ and also in paragraph ‘19’ of his cross-

         examination. While P.W.4 is an interested witness because

         during the pendency of the suit the agreement was executed
Patna High Court FA No.102 of 2014 dt.15-05-2026
                                            9/25




         in his favour for the suit land as stated by him in paragraph ‘17’

         of his cross-examination and therefore, his statement cannot be

         relied upon.

                      15. Learned counsel for the defendant/appellant has

         submitted that the grant of relief of specific performance is

         discretionary and equitable relief and the Hon’ble Supreme

         Court in the case of Kamal Kumar vs. Premlata Joshi and Ors.

         reported in 2019 (3) SCC 704 has framed the material questions

         in paragraph ‘7’ of the said judgment, which classifies the

         situations in which grant of relief of specific performance can be

         made. It has, thus, been submitted that in view of the factual

         circumstances the plaintiff/respondent no.1 has not made out a

         case as to whether there existed a valid and concluded contract

         between the parties for sale and purchase of the suit property.

                      16. Hampering upon his submissions that at the time

         of Bai Bayana deed (Exhibit-1) the plaintiff/respondent was

         neither     present nor         any payment was   given by the

         plaintiff/respondent clearly goes on to show that he was not

         present at the time of execution of the deed and the same was

         admittedly done by his father.

                      17. Learned counsel for the appellant has also

         submitted that in absence of any declaratory relief to declare
Patna High Court FA No.102 of 2014 dt.15-05-2026
                                           10/25




         that the notice dated 07.09.2007 (Exhibit-3) given by the

         defendant/appellant makes the suit for specific performance not

         maintainable. It has, thus, been summarized by the appellant

         that in absence of a valid agreement between the parties whether

         a decree for specific performance of execution of sale deed in

         respect of the suit property can be delivered. It has next been

         submitted that the existence of a valid agreement is sine qua

         non for grant of specific relief of performance and a non-

         existent agreement to sale cannot be enforced.

                      18. Learned counsel has relied upon the judgment

         passed by the Hon’ble Supreme Court in the case of Sangeeta

         Sinha vs. Bhawna Bhardwaj reported in 2025 (3) BLJ 116

         (SC) (2025 SCC OnLine SC 723). The learned counsel for the

         defendant/appellant has submitted that the defendant/appellant

         has denied the execution of valid contract/agreement dated

         10.02.2004 (Exhibit-1) and as such non-existent agreement to

         sale cannot be enforced by Court of law and on this ground

         alone the suit was no maintainable and thus the present appeal is

         fit to be allowed. Learned counsel has submitted that the

         conduct of the plaintiff can be judged by the fact that during the

         pendency of the suit he had entered into a Bai Bayana with a

         third person who was also examined as P.W. 4, namely, Nathun
Patna High Court FA No.102 of 2014 dt.15-05-2026
                                           11/25




         Rai and the said property has now been delivered in favour of

         the Nathun Rai.

                      19. Learned counsel for the defendant/appellant has

         referred to a judgment passed by the Supreme Court in M/S

         Citadel Fine Pharmaceuticals vs M/S Ramaniyam Real

         Estates P.Ltd.& Anr. reported in 2011 (9) SCC 147, wherein it

         has been held that due to suppression of material facts purchaser

         is not entitled to any relief in his suit for specific performance as

         in the present case the plaintiff/ respondent no.1 has failed to

         disclose in the plaint that the defendant/appellant had issued the

         notice dated 07.09.2007 (Exhibit-3) requesting him to receive

         the loan amount within 15 days.

                      20. Learned counsel appearing on behalf of the

         plaintiff/respondent No.1 has submitted that the case of the

         plaintiff/respondent No.1 was simply based on the agreement

         for sale (Exhibit-1) dated 10.02.2004, which was signed by the

         defendant/appellant and there was an admission of receiving the

         consideration amount for the same. It has been submitted that

         the amount which had been received by the defendant/appellant

         was duly signed on various dates and therefore, denial at this

         stage and coming out with a new story after accepting 98% of

         the consideration amount goes on to show that the
Patna High Court FA No.102 of 2014 dt.15-05-2026
                                           12/25




         defendant/appellant has tried to make out a different story of

         taking loan, however, the documents on record, i.e., Exhibit-1

         and Exhibit-3 clearly shows that the amount was paid in lieu of

         agreement for sale.

                      21. Learned counsel for the plaintiff/respondents

         submits that the reliance placed by the learned counsel for the

         defendant/appellant in the case of Sangeeta Sinha vs. Bhawna

         Bhardwaj (supra) is misplaced as that was a case where a clear-

         cut notice for canceling of the agreement for sale was made and

         therefore, the same cannot be applied. The learned counsel for

         the plaintiff/respondent has relied upon ratio laid down by the

         Hon’ble Apex Court in the case of P. Ramasubbamma vs V.

         Vijayalakshmi reported in 2022 (7) SCC 384 in which the

         Hon’ble Court has held that once the execution for agreement of

         sale     and     payment/receipt          of   advance   substantial   sale

         consideration was admitted by the vendor, thereafter, nothing

         further was required to be proved by the plaintiff/respondent. It

         has, thus, been submitted that the present appeal has got no

         merit and is fit to be dismissed.

                      22. Learned counsel for the respondent no.2 submits

         that during the pendency of the aforesaid appeal the learned

         Executive Court got the sale deed executed in favour of the
Patna High Court FA No.102 of 2014 dt.15-05-2026
                                           13/25




         plaintiff/respondent no.1 on 18.06.2016 and pursuant to the

         same the plaintiff/respondent no.1 has also executed registered

         sale deed on 19.02.2016 in favour of Smt. Sunina Devi,

         respondent no.2. It has been pointed out that this Hon’ble Court

         vide order dated 30.10.2023 has allowed the interlocutory

         application bearing I.A. No.3 of 2023 which was filed under

         Order I Rule 10 (2) read with Section 151 of the Code of Civil

         Procedure for adding the name of Sunaina Devi as respondent

         no.2.

                      23. It has been submitted that the execution of the sale

         deed in favour of the Sunaina Devi was admitted by the

         plaintiff/respondent no.1 and thereafter, the present respondent

         no.2 was directed to be implead as respondent no.2.

                      24. Learned counsel for the respondent no.2 has also

         retreated the arguments forward by the respondent no.1 and has

         stated that in view of such position in law and the facts and

         circumstances, the present first appeal is fit to be dismissed.

                                         Consideration

                      25. The plaintiff/respondent no.1 in order to prove his

         case, has laid oral as well as documentary evidence and got

         examined five witnesses. P.W. 1 is the plaintiff/respondent no.1

         himself, while P.Ws. 2 and 3 are the witnesses to the agreement
Patna High Court FA No.102 of 2014 dt.15-05-2026
                                           14/25




         for sale, whereas P.W. 4 is one Nathuni Rai and P.W. 5 is

         Satyendra Kumar. The documentary evidence brought on record

         by the plaintiff/respondent no.1 was the agreement for sale

         dated 10.02.2004, which was marked as Exhibit-1, while the

         signature of witness Raj Kumar on the Bai Bayana Deed was

         marked as Exhibit-1/A, while Exhibit-2 series are legal notices

         sent to the defendant-appellant and Exhibit-3 is the reply to the

         legal notice sent by the defendant-appellant.

                      26. The defendant-appellant also got examined four

         witnesses, namely, Shyam Narayan Sharma, D.W.1, father of the

         defendant-appellant, D.W.2, Bisheshwar Prasad, D.W.3, Ganga

         Vishwkarma, D.W.4, Sanjay Kumar Sharma, the defendant-

         appellant himself.

                      27. From appraisal of the evidence of the various

         witnesses, the evidence of one witness becomes of prime

         importance, which is D.W.1, Shyam Narayan Sharma, who

         happens to be the father of the defendant-appellant. This

         witness, during his cross-examination in paragraph ‘12’, has

         admitted that Exhibit-1, i.e., the agreement for sale, was

         prepared in his presence. He has further admitted the writing

         and signature of his as well as also the signature of his son,

         Manoj Kumar Sharma, over the same. Further, in paragraph
Patna High Court FA No.102 of 2014 dt.15-05-2026
                                           15/25




         ‘13’, he has identified the signature of his son, Sanjay Kumar

         Sharma (the defendant-appellant), on both page nos. 1 and 2 of

         Exhibit-1.

                      28. Such admission by D.W.1 of execution of the

         agreement for sale and acceptance of the amount and the

         signatures put therein creates a doubt over the case of the

         defendant-appellant, as in the written statement, the case of the

         defendant-appellant was that they needed money and hence they

         had borrowed the same from the plaintiff/respondent No. 1.

                      29. The further admission in paragraph ‘15’ by D.W.

         1, in categorical terms, that his son, the defendant-appellant

         Sanjay Kumar Sharma, had put his signature on Exhibit-1 was

         in the capacity as a vendor.

                      30. In view of such deposition by D.W. 1, one thing is

         established that Exhibit-1, i.e., the agreement for sale, was

         indeed executed by the defendant-appellant Sanjay Kumar

         Sharma in the presence of his father, D.W. 1, and his brother,

         Manoj Kumar Sharma, was a witness to the said document,

         therefore, the stand taken by the defendant-appellant that the

         amount was taken as a loan cannot be sustained.

                      31. The defendant-appellant, Sanjay Kumar Sharma,

         who was examined as D.W. 4 during his cross-examination-in-
Patna High Court FA No.102 of 2014 dt.15-05-2026
                                           16/25




         chief, has deposed that his father, on account of loss in business

         as also for the treatment of the sister of defendant-appellant, was

         in need of money and as such, they had taken loan from the

         plaintiff/respondent.

                      32. This oral evidence of D.W. 4 is contrary to the

         pleadings made in the written statement, as the defendant-

         appellant has specifically pleaded that to meet his legal

         necessity, he was in need of money, so he had taken loan from

         the plaintiff/respondent. Such a contradictory stand raises

         question upon the veracity of the claim of the defendant-

         appellant.

                      33. D.W. 4 in paragraph ‘13’ of his cross-examination

         has identified the signature of his father over Exhibit-1, which

         has been marked as Exhibit-1/B and he further goes on to admit

         that he had written the said document in favor of

         plaintiff/respondent No.1, Subodh Kumar Sharma. D.W. 4 has

         also admitted his signature and the signatures of his father and

         brother over the pages of Exhibit-1, which all would go on to

         show that it was only after receiving the part consideration

         money on different dates, the said signatures were put and

         therefore, there is no question of any loan having been taken by

         the defendant-appellant.
Patna High Court FA No.102 of 2014 dt.15-05-2026
                                           17/25




                      34. One of the pleas taken by the defendant-appellant

         that he had taken loan and the signatures were taken on the

         blank paper and later on, the agreement for sale has been

         entered in the said document, falls flat simply on the ground that

         on the first page of the said agreement for sale, the defendant-

         appellant Sanjay Kumar Sharma has made an endorsement in

         his own handwriting that he has gone through the deed and has

         understood the content of the same and accepts having received

         Rs.1,44,000/-.

                      35. From perusal of the said Exhibit-1, there is a

         noting in the handwriting of D.W.-4, Sanjay Kumar Sharma,

         “o”kqy ik;k” this endorsement amply proves that he had received

         money in return of some transaction. Had the money been taken

         by way of loan, the use of word “o”kqy” would not be there.

                      36. The learned counsel for the defendant-appellant

         has heavily relied upon Exhibit-3, which was brought on record

         by the plaintiff/respondent No. 1 and has contended that the

         defendant-appellant had cancelled the agreement for sale and as

         such, it was obligatory on the part of the plaintiff/respondent to

         seek a declaration with regard to the cancellation of the

         agreement for sale.

                      37. Learned counsel for the appellant has relied upon
Patna High Court FA No.102 of 2014 dt.15-05-2026
                                           18/25




         a judgment reported in 2025 (3) BLJ 116 (SC) in the case of

         Sangeeta Sinha vs. Bhawna Bhardwaj. The reference to such

         judgment, in my opinion, is not well-placed, as in the present

         case, perusal of Exhibit-3 would show that it does not anywhere

         contain that there was a clear notice for cancelling the

         agreement for sale, whereas in the referred judgment, there was

         a clear-cut notice by the defendant-appellant for cancelling the

         agreement and she had returned the money paid in advance by

         way of bank draft and post-dated cheque and had also lodged an

         FIR against the plaintiff-defendant alleging that the agreement

         was prepared by playing fraud.

                      38. In the present case, though the defendant-

         appellant has claimed that he had taken money by way of loan

         but he has not challenged the agreement for sale on the ground

         of fraud being played upon them by taking advantage of their

         signatures put on blank paper initially and then the contents for

         the agreement of sale being entered upon them.

                      39. The case of defendant-appellant further falls flat

         on the ground as on one hand he has stated the receiving of

         money as a loan and at the same time he is relying upon

         Exhibit-3, which is an information for accepting the amount

         back from him. This cannot be done simultaneously by the
Patna High Court FA No.102 of 2014 dt.15-05-2026
                                           19/25




         defendant-appellant, who has to stick to only one pleading as to

         whether he had accepted the money as loan or in consideration

         to the sale of land.

                      40. In the opinion of this Court, the issuance of such

         so-called cancellation of agreement letter issued by the

         defendant-appellant the entire pleading of the defendant-

         appellant that the amount was taken as loan is demolished.

                      41. From perusal of Exhibit-3, one more fact emerges

         that there is no reference to cancellation of any agreement for

         sale, rather, an offer has been made to return the money. Thus,

         the contention of the defendant-appellant that the suit was not

         maintainable also is not tenable in law.

                      42. Taking the evidence of defendants, where

         execution of agreement for sale was accepted in a way that they

         have not denied their signature over the same and in fact the

         father of the appellant has gone to accept that the same was

         prepared in his presence and thereafter, out of the total

         consideration money of Rs.300,000/-, the defendant-appellant

         having accepted almost the entire consideration amount, i.e.,

         Rs.2,94,000/- and only Rs.6,000/- was to be paid. Therefore,

         when the substantial consideration amount was paid by the

         respondent-plaintiff and was admitted by the vendor, therefore,
Patna High Court FA No.102 of 2014 dt.15-05-2026
                                           20/25




         such payment strongly corroborates the contention of the

         plaintiff/respondent and goes on to show his bonafide. Payment

         of almost 98% of the consideration amount, which is being

         proved by Exhibit-1, strongly stands in support of the case of

         the plaintiff/respondent.

                      43. The case of the plaintiff/respondent was that he

         was always ready and willing to pay the remaining amount of

         Rs.6,000/- has been taken note of by this court and supported by

         the evidence of the plaintiff and the defendant/appellant has not

         been able to disprove such evidence.

                      44. At this stage the reliance placed upon by the

         learned Counsel for the plaintiff/respondent on the case of P.

         Ramasubbamma vs. V. Vijayalakshmi and others reported in

         2022 (7) SCC 384 is of importance wherein the Hon’ble

         Supreme Court has observed that once the substantial

         consideration amount for sale has been paid and received and

         was also admitted by the vendor, then in that case nothing else is

         needed to be proved by the plaintiff/respondent.

                      45. As already observed, the evidence of D.W. 1 and

         D.W. 4 clearly depicts that they have admitted that the

         defendant-appellant has executed an agreement for sale in favor

         of plaintiff/respondent No. 1 and has received 98% of the
Patna High Court FA No.102 of 2014 dt.15-05-2026
                                           21/25




         consideration amount money. Therefore, nothing else needed to

         be proved.

                      46. From the discussions made hereinabove, the

         findings arrived at by the learned trial court, especially with

         regard to the issues Nos. IV, V and VI, have been considered

         carefully. This court has also examined the oral as well as the

         documentary evidence.

                      47. From perusal of Exhibit-1, one thing is clear that

         the same is an agreement for sale and bears the signatures of

         vendors at each stage, i.e., on execution and on the acceptance

         of the consideration amount. The plaintiff/respondent no.1 case

         is that they had paid the majority of amount and had been

         requesting for execution of the sale in his favor on receipt of a

         meager balance amount, which was not being adhered to,

         compelling the plaintiff/respondent no.1 to approach the Court

         for specific performance of the contract.

                      48. It is the specific case of the plaintiff/respondent

         no.1 that he was ready and willing to perform his part of the

         contract and always requested the defendant-appellant to

         execute       the    absolute       sale   deed   in   favour   of   the

         plaintiff/respondent. The plaintiff’s case that the defendant had

         received a sum of Rs.2,94,000/- out of the full consideration
Patna High Court FA No.102 of 2014 dt.15-05-2026
                                           22/25




         amount of Rs.3,00,000/-, therefore, he being not interested in

         getting the sale deed executed, is absolutely unbelievable, as he

         had already paid 98% of the entire amount. The willingness and

         readiness of the plaintiff/respondent can be seen in the legal

         notices sent to the defendant-appellant on 03.06.2005 and

         subsequently on other dates, such as 08.08.2007 and 23.08.2007

         which have been brought on record by way of Exhibit-2 series.

         Therefore,        the      readiness      and   willingness   of   the

         plaintiff/respondent stands proved.

                      49. All the plaintiff's witnesses have supported the

         case of the plaintiff/respondent and the documentary evidence

         proved on behalf of the plaintiff goes on to show that there was

         indeed an agreement for sale in favor of the plaintiff/respondent

         No. 1 and hence, this court also finds that the evidence of the

         P.Ws. are consistent and cogent on the point of execution of

         agreement for sale and acceptance of the consideration amount.

                      50. This court also finds that the requirement under

         Section 16(c) of the Specific Relief Act, 1963, of readiness and

         willingness of the plaintiff/respondent is also well proved and he

         has performed most part of the agreement and was also ready to

         perform the essential terms of the contract, i.e., the agreement

         for sale dated 10.02.2004 (Exhibit 1).
Patna High Court FA No.102 of 2014 dt.15-05-2026
                                           23/25




                      51. In view of the above, the aforesaid issues Nos. IV,

         V and VI have rightly been decided in favor of the

         plaintiff/respondent.

                      52. One more issue raised before this court which

         needs to be referred to was the claim of the defendant-appellant

         through Exhibit-3. As already observed, there is no averment

         with regard to the cancellation of the sale of agreement and only

         an offer to return the money back was made does not entitle the

         defendant-appellant to unilaterally assume the cancellation of

         agreement for sale.

                      53. It is a settled law that once substantial right has

         accrued in favour of the plaintiff/respondent no.1, the contract

         (agreement for sale) could not have been rescinded by any

         unilateral act and therefore, Exhibit-3, which the defendant-

         appellant has relied heavily has no legal efficacy and cannot be

         held to be a valid document for cancellation of agreement for

         sale.

                      54. In view of the issue Nos. IV, V and VI being

         decided in favour of the plaintiff/respondent no.1, this Court has

         no hesitation to concur with the findings of the learned Trial

         Court that the suit was maintainable and there was a valid cause

         of action for filing of the said suit and the same was also not
Patna High Court FA No.102 of 2014 dt.15-05-2026
                                           24/25




         barred by the laws of limitation, estoppel, waiver and

         acquiescence and therefore, these issues have also been rightly

         decided in favour of the plaintiff/respondent.

                      55. It is also a settled law that once the requirement of

         Section 16 (c) of the Specific Relief Act, 1963 is fully satisfied,

         there was nothing further to be proved by the plaintiff.

                      56. The principles laid down by the Hon'ble Supreme

         Court in the case of N.P. Thirugnanam (Dead) By LRS. vs. Dr.

         R. Jagan Mohan Rao and others reported in (1995) 5 SCC 115

         and K.S. Vidyanadam and Orthers vs. Vairavan reported in

         (1997) 3 SCC 1 squarely applies to the facts and circumstances

         of the present appeal.

                      57. This Court being the first Appellate Court has

         independently re-appreciated the entire evidence on record. This

         Court having minutely perused the impugned judgment, holds

         that the findings recorded by the learned Trial Court are based

         on proper appreciation of evidence and correct application of

         law and no perversity, illegality or misinterpretation/misreading

         of evidence has been shown so as to warrant interference under

         Section 96 of the Code of Civil Procedure by this Court.

                      58. Accordingly, the first appeal is dismissed.

                                             Ordered
             Patna High Court FA No.102 of 2014 dt.15-05-2026
                                                        25/25




                                   59. The judgment and decree dated 22.03.2014 passed

                      by Sri Rajneesh Kumar Srivastava, learned Sub-Judge-V, Patna

                      City, District Patna, in Title Suit No.199 of 2007 is hereby

                      affirmed.

                                   60. The defendant-appellant is directed to hand over

                      the possession in favour of the plaintiff/respondent within thirty

                      days from the date of production of a copy of this judgment.




                                                (Sourendra Pandey, J)
manoj/-
AFR/NAFR                NAFR
CAV DATE                29.04.2026
Uploading Date          18.05.2026
Transmission Date       NA


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.