JIWAN LAL Vs. BRIJ MOHAN MEHRA

JUDGEMENT

(1.) This is an appeal against the judgment and decree of the High Court of Punjab and Haryana, dated January 25, 1966. The High Court reversed the judgment and decree of the Subordinate Judge, 1st Class, Amritsar, dated August 17, 1964. The Subordinate Judge had decreed the plaintiff's suit for possession of the premises by specific performance of the agreement to sell. The High Court dismissed the suit.

(2.) Brij Mohan Mehra, one of the respondents, was the defendant, and the appellants were the plaintiffs in the suit. There was an agreement between Dr. Jiwan Lal, the first appellant, Shri Kishan Das, the second appellant, and one Bal Kishan Das, the predecessor in interest of the appellants Nos. 3 to 8 and Brij Mohan Mehra. It was concluded on December 9, 1959. By that agreement Brij Mohan Mehra agreed to sell the premises in suit to Dr. Jiwan Lal, Shri Kishan Das and Bal Kishan Das. The sale consideration was Rs. 122500/-. The prospective vendeeds paid Rs. 10,000/- as earnest money. The balance of the sale consideration was to be paid by them at the time of the registration of the sale deed. The material terms incorporated in clauses 5, 6, 7 and 9 of the agreement are set out here:

(3.) The premises were requisitioned by the Additional District Magistrate, Amritsar on January 23, 1960. Thereafter Brij Mohan Mehra refused to execute the sale-deed in spite of the requests of the prospective vendees. So the plaintiffs instituted their suit. Their case was that the premises were requisitioned on the manipulation of Brij Mohan Mehra, that clause 6 of the argument was intended to be for the benefit of the prospective vendeeds, that the prospective vendees waived the condition in clause 6, that Brij Mohan Mehtra could not put an end to the contract by relying on clause 6, and that the plaintiffs have always been ready and willing to perform their part of the obligation under the agreement.