MR. KANWAL SINGH Vs. SITARAM

JUDGEMENT

(1.) THE challenge by means of this first appeal under Section 96 of the Code of Civil Procedure, 1908 is to the impugned judgment and decree dated 3.7.1996 whereby the suit of the Respondent/Plaintiff for specific performance of the agreement to sell dated 25.4.1985 was decreed. The specific performance suit in the subject case is not the usual suit for specific performance because the agreement to sell is in fact for re -conveyance of the property to the Respondent/Plaintiff and which property was originally conveyed by means of a sale deed by the Respondent/Plaintiff to the Appellant/Defendant.

(2.) THE admitted and common facts of the case are that the Respondent/Plaintiff executed in favour of the Appellant/Defendant a sale deed on 25.4.1985 transferring an area of 4 bighas and 16 biswas of land in village Sultanpur Dabas, Post Office Pooth Khurd, Delhi, for a sum of Rs. 16,500/ -. Two clauses of this sale deed are relevant and which are Clauses 6 and 11 and which clauses read as under.

(3.) THE case of the Respondent/Plaintiff was further that an agreement to sell (Ex.PW1/1) was also executed between the parties on the same date i.e. 25.4.1985 and which agreement to sell is however denied by the Appellant/Defendant. By virtue of this agreement to sell of the same date, it was agreed that on repayment of the loan of Rs. 16,500/ -, i.e., the consideration stated in the sale deed along with interest, the subject property was to be re -conveyed back to the Respondent/Plaintiff and that the period for repayment of loan from the Respondent to the Appellant was to be three years. The Respondent/Plaintiff sought specific performance of this agreement to sell and which suit has been decreed by the impugned judgment and decree.