RAM KUMAR AGARWAL Vs. THAWAR DAS DEAD

JUDGEMENT

(1.) In Mauza Saharanpur @ Jindapur of Pargana Haveli, Tehsil Sadar, District Gorakhpur there is an open piece of land over a part of which or adjoining to which there is some built-up property which is a lime factory known as 'karkhana'. It is not clear whether the 'karkhana' is situated over the land which is the property forming subject matter of the present proceedings or is situated by the side of it. However, as the facts stated shortly hereinafter would show that aspect of the matter is immaterial for the purpose of these proceedings. It is not in dispute that on 18-7-1956, the 'karkhana' has been transferred by way of sale by Phool Chand to Thawar Das. On the same day another agreement was entered into between the parties. The agreement is reproduced hereunder :-

(2.) In the year 1969 Phool Chand after serving a demand-cum-quit notice under Section 106 of the Transfer of Property Act instituted Suit No. 240 of 1969 seeking recovery of arrears of rent and a decree of ejectment for failure of Thawar Das to purchase the land and consequently the relationship of landlord and tenant having continued to exist between them under the agreement. About seven months after the institution of suit by Phool Chand, Thawar Das instituted Suit No. 137 of 1969 against Phool Chand seeking specific performance of the agreement to sell dated 18-7-1956. One of the pleas taken by Thawar Das was that on 19-9-1966 yet another agreement was entered into and executed between the parties whereunder Thawar Das paid Rs. 2,000. 00 to Phool Chand and Phool Chand reviving the old agreement of the year 1956 made a fresh promise to sell the land subject to payment of Rs. 5,000. 00 by Thawar Das to Phool Chand. Phool Chand having expired, his sons were impleaded in his place. Inasmuch as there are cross-suits and cross-appeals preferred subsequently, for the sake of convenience we will continue to refer to the parties as Thawar Das and Phool Chand; the latter name would include his sons also upon whom his estate has devolved upon his death.

(3.) The two suits were consolidated. The suit filed by Thawar Das was treated as the lead case and evidence was recorded therein. By a common judgment dated 23/07/1975 the learned Additional Civil Judge dismissed the suit filed by Thawar Das and decreed the suit filed by Phool Chand. Two appeals were preferred by Thawar Das which were heard and disposed of by the District Judge by a common judgment. The learned District Judge has dismissed both the appeals. Upon an independent evaluation of the evidence adduced by the parties, the learned District Judge has affirmed all the findings of fact recorded by the trial Judge.