SARDAR SINGH Vs. KRISHNA DEVI

JUDGEMENT

(1.) This appeal is directed against the judgment and decree of the learned Additional District Judge, Delhi, dated May 5, 1116 is Civil Suit No. 2 of 1983 whereby the laid suit insstituted by respondent No. 1 agaist the appellant and respondent No. 2 for specific pefomance of the agreement for sale of home bearing No. 313 Ward No. XVI, build on a leasehold plot, comprised in Khasra No. 180/37/36/33, admeasuring 222 sq. yards, situate in Block AC, Joshi Road, Karol Bagh, New Delhi (hereinafter referred to as 'the property) was decreed in favour of respondent No. 1. The salient facts giving rise to this appeal are.

(2.) The property was purchased for a sum of Rs. 36,200.00 by respondent No. 2, a displaced person, on April 7, 1959 in a public auction held by the Regional Settlement Commissioner, New Delhi in pursuance of the powers conferred upon him under Section 20 of the Displaced Persons (Compensation. and Rehabilitation) Act, 1954 (hereinafter referred to as 'the Act'). On January 22, 1963 sale certificate in respect of the leasehold property was issued by the Settlement Commissioner in favour of respondent No.2 exclusively to the extent of full share, under the provisions of Rule 90(15) of the Displaced Persons (Compensation & Rehabilitation) Rules, 1955.(hercinafter referred to as 'the Rules') in the form specified in Appendix XXIII thereto.

(3.) By an agreement dated January 15, 1973 ('the agreement' for short) respondent No. 2 undertook to sell the property to the husband of respondent No. 1, Shri Joginder Nath for a sum of Rs. 90.000.00 . The 'agreement' records the receipt of a sum of Rs. 15000/ by respondent No. 2 as earnest money from Shri Joginder Nath According to the terms and conditions of the 'agreement' the sale deed was required to be executed by May 30, 1973. Subsequently, by mutual consent of the partics to the 'agreement' the time limit for execution of the sale deed was extended upto December 31, 1976. The 'agreement' was followed by another agreement dated December 18 1974 between the same parties, which further extended the period for registration of the sale deed upto December 31, 1977. After the death of the said Sbri Joginder Nath in 1978 another agreement to sell dated December 6, 1978 (hereinafter called the 'subsequent agreement') Exhibit P.7, was executed by respondent No. 2 in favour of respondent No. 1. The 'subsequeat agreement' and an endorsement thereon records the payment .of a total sum of Rs. 29,000.00 by respondent No. 1 and her husband to respondent No. 2. According to the terms and conditions of the 'subsequent agreement the parties were required to complete the transactions by December 31, 1979. It is. also relevant to mention that the 'subsequent agreememt' also resites that the house in question was subject matter of a mortage in favour of one Smt. Satya Wanti, wife of Sbri Ram Lal, and respondent No. 1 had paid a sum of Rs. 10,000.00 in cash to respondent No. 2 for redemption of the mortagage. Respondent No. 2 got the property redeemed by payment of a sum of Rl. 10,000 to the mortgagee after having received the same from respondent No. 1.