GANAPATS V GOINDASA Vs. NINGAPPA RAMAPPA

JUDGEMENT

(1.) This appeal is directed, against the judgment and decree for specific performance of an agreement made by the Principal Civil Judge, Belgaum in Orginal Suit No. 83 of 1966. Briefly stated, the facts are these: One Masabi alias Dulanbi, Mohammadsaheb Tor gal was the owner of certain agricultural lands situated at Belgaum city. On 19th June 1948, she obtained permission from the revenue authorites to divert the kinds for non-agricultural purposes. Thereafter she made a lay out with 162 building sites out of which she sold 47 sitea The remaining 115 sites could not be disposed off. She also did not pay the non-agricultural assessment due in respect of those lands. For that default, the lands were forfeited to the Government on 29th July, [954 and entered in the record of rights as Government waste. This position continued to remain for almost a decade. Masabi could not raise any funds to clear the dues of the Government nor she could succeed in getting the lands restored to her, although she challenged the order of forfeiture in appeal and revision.

(2.) On 30th May, 1964, she entered into an agreement Ext. P-l with Ningappa Ramappa Obannavar (the plaintiff) for the sale of those 115 sites for Rs. 43,000i- out of which Rs. 17,000/- should be paid by the plaintiff to the Government on behalf of Masabi towards the outstanding dues and the balance at the time of registration of the sale deed which should be completed within a period of six months. On the date of the agreement, the plaintiff paid Rs. 1,000/- as advance.

(3.) In order to remit Rs. 17,000/- to the Government as per the agreement, it is said that the plaintiff went to the Collector's Office, where he was told that the lands had been forfeited to the Government and the amount could be paid only upon an application for restoration. The plaintiff passed on that information to Masabi who then assured the plaintiff "that he need not have any apprehension and she would set right the matter through H.P. Patil (P.W. 2)". On 6th June, 1964, P. W. 2 as Power of Attorney of Masabi filed an application Ext. P-2 to the Secretary to Government, Revenue Department, inter alia stating that he was willing to credit Rs. 11,855-2-6 under protest for restoration of the lands although the order of forfeiture was illegal and unjust. No amount however, was paid along with that application.