CG Civil Judge Mains 2019 Question Paper

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Chhattisgarh Judicial Service Mains Examination 2019

CHHATTISGARH JUDICIAL SERVICE

2019 Mains Examination

Time: 3 hrs

Max. Marks: 100

1. Read the following carefully and write judgement after framing necessary issues:

[40]

The plaintiff entered into an agreement with defendant to purchase the land bearing khasra No.

133/2 area 2 acres, situated at village Rampur, Dist. Raipur. Defendant agreed to sell the disputed

land for consideration of Rs. 25,00,000/- and received Rs. 1,00,000/- in cash and Rs. 2,00,000/- by

cheque, total amount of Rs. 3,00,000/- as advance and it was also agreed that the sale deed would be

executed within 11 months by receiving the balance sale amount. Plaintiff requested the defendant

to get the sale deed executed in his favour, but defendant tried to avoid the execution of sale deed.

Plaintiff has always been ready and willing to perform his part of the contract. Plaintiff also came to

know from the reliable sources that the defendant is trying to sell the disputed land to others.

Plaintiff sent a legal notice to the defendant to get the sale deed executed, but the defendant has not

replied. The plaintiff deserves a direction to the defendant to execute the sale deed by receiving the

balance sale consideration, and hand over the possession of the disputed land to him.

Defendant denied the sale agreement and pleaded that he borrowed Rs. 2,00,000/- from the plaintiff.

The defendant has executed this document as security for repayment of loan. The defendant has

repaid the amount Rs. 2,50,000/- in cash, to the plaintiff, which includes the interest component

also. The plaintiff did not possess sufficient amount and was not ready and willing to perform his

part of the contract.

Plaintiff Rampal PW1 deposed, supporting his pleadings. The witnesses Ramu PW2 and

Ghanshyam PW3 deposed that the agreement to sell Ex. P/1 was executed in their presence.

Previously plaintiff had sold some land, therefore there was sufficient amount in his bank account.

Defendant Ramdeen DW1 deposed that he was in need of money and borrowed Rs. 2,00,000/- from

the plaintiff. The document Ex. P/1 was executed as security for repayment of loan. Lakhan DW2

and Mohan DW3 also stated that Ramdeen DW1 had repaid the entire amount of Rs. 2,50,000/- to

the plaintiff in their presence. However, they admitted that no document was written in this regard.

2. Read the following carefully and write judgement after framing the necessary charges.