AJAIB SINGH Vs. TULSI DEVI

JUDGEMENT

(1.) This appeal is against the judgment dated 27th April, 1993 passed by the Division Bench of the High Court of Delhi. At the beginning of his submission learned counsel for the appellants very fairly stated that the appellants are not challenging grant of specific performance and transfer of title to the respondent in respect of Block 67B. This appeal is therefore, confined to the portion of the impugned judgment dealing with Block 67A.

(2.) Briefly stated the facts are as follows :

(3.) On 30th December, 1959, the Sunder Singh entered into an agreement with the Government. This agreement provided that the cost of the plot was Rs. 8080/-, out of which a sum of Rs. 1616/- had already been received on 22nd June, 1959. The agreement provided that the balance was to be paid in instalment along with interest. Clause (1) of the agreement provides that the balance of the purchase price was a sum of Rs. 8108/7 paisa and that there was to be interest on this amount. The agreement provides that the same was to be paid in 7 yearly instalments, the first instalment being due on 22nd June, 1960. The agreement also provided that if the default was committed in payment of any instalment then the Government could by notice in writing forthwith determine the agreement and resume possession of the premises. Thus the respondent was to pay a sum of Rs. 8108/7 paisa with interest thereon in 7 yearly instalments to the Government. As the first instalment was to be paid on 22nd June, 1960 the last instalment would have to be paid on or before 22nd June, 1966.