BHAGWAN Vs. STATE OF RAJASTHAN

JUDGEMENT

(1.) The defendants are the appellants before this Court in Civil Appeal No. 6972/1999 challenging the correctness and validity of the judgment and decree passed in the Second Appeal No. 1020/97 by the High Court of Judicature at Allahabad. The plaintiff is the appellant in Civil Appeal No. 6973/1999 challenging the impugned judgment to the extent of granting one year time to the defendants for constructing college building in the suit land. The Plaintiff was bhumidhar of the suit plot of land No. 233 measuring 1.98 acres. He executed a gift deed in favour of the defendant - Thakur Raghunath Ji Maharaj, Virajman Shri Ram Mandir Chutar Teka Village Sakitara, District Mathura on 16-8-1971 for the purpose of construction of college building on the said plot of land. On the same day, a deed of agreement was executed to the effect that the land was gifted for building of degree college and the said building should be constructed within the period of six months from the date of the execution of the gift deed failing which the plaintiff would have the right over the suit plot of land. College building was not constructed within the said period in spite of repeated requests and demand by the plaintiff. Finally, notice was sent by the plaintiff on 16-10-1985 to comply with the conditions of the agreement but the defendants refused to do so. The plaintiff also stated that his possession over the land continued as there were two 'samadhis' of his father and mother existing on the land.

(2.) The defendants filed written statement resisting the said suit contending that the suit filed by the plaintiff was barred by time; the plaintiff executed the gift deed in favour of defendant No. 1 without any conditions and that there was no agreement between the plaintiff and the defendant for the construction of degree college on the disputed land. The trial Court held t hat the suit filed by the plaintiff was beyond the period of limitation and the defendant had not executed any agreement D/- 16-8-1971. In this view, the suit was dismissed. Aggrieved by the judgment and decree of the trial Court, the plaintiff filed the first appeal, which was allowed, decreeing the suit of the plaintiff holding that the suit was filed within time and that the agreement mentioned above was executed. The defendants approached the High Court by filing the second appeal, aggrieved by the judgment and decree passed by the first appellate Court.

(3.) The High Court by the impugned judgment concurred with the view taken by the first appellate Court; however, noticing that the suit plot was still vacant, instead of directing the defendants to return the suit plot, gave an opportunity to the defendants to establish a degree college within a period of one year. It is made clear that in case the college is established and the building is constructed on the said plot of land within the time allowed, the defendants need not comply with the decree passed by the first appellate Court and its operation shall be deemed to have been stayed for a period of one year. Hence this appeal.