1. The instant appeal has been preferred by the defendant under Section 96 CPC against the impugned judgment and decree dated 11.3.2025 passed by the Court of Civil Judge(Senior Division) Bhadhoi, Gyanpur in O.S. no. 9 of 2022 Ganesh Prasad vs. Tushar Agrawal, whereby the plaintiffs suit for the specific relief of registered agreement to sell dated 30.12.2019 has been decreed.
Plaint case
2. The plaintiff/respondent Ganesh Prasad filed O.S. no. 9 of 2022 against the defendant/appellant with the averments that the defendant is the owner in possession of 2 storeyed building bearing house no.1, facing Gyanpur Road, area 2184 ft or 202.973 m constructed on Arazi no.1, situate in village Poore Gulab(out of town), Pargana Bhadohi, Tehsil Gyanpur, District Sant Ravidas Nagar, the full details of which were described at the foot of the plaint, which is hereinafter referred to as the ‘house’. It is the case of the plaintiff that the defendant was in need of money for increasing his business and for personal needs, hence he decided to sell the above house with land and constructions to the plaintiff. The defendant approached the plaintiff and requested him to purchase the said house which was agreed to be sold by the defendant for a consideration of ₹ 30 lakhs only, out of which a sum of ₹ 20 lakhs was to be paid as earnest money, so as to enable the defendant to meet his immediate financial requirements and it was agreed that the sale deed shall be executed by the defendant after receiving the balance consideration of ₹ 10 lakhs.
