THAKURIA Vs. SHANTI DEVI

JUDGEMENT

(1.) Heard Shri P.C. Jain, learned counsel for the appellants and Shri Sankata Rai, learned Senior Advocate assisted by Shri P.K. Rai representing Smt. Shanti Devi, the sole respondent.

(2.) This second appeal has been preferred under Section 100, CPC against the judgment and order dated 10.4.2001 passed by 11 nd Additional District Judge, Agra in Civil Appeal No. 32 of 1993 arising out of suit No. 190 of 1977 between (Shanti Devi and Ram Singh and others) represented as alleged legal heirs and representatives.

(3.) From the perusal of the record, it appears that Gangadhar, Ram, Singh, Than Singh, all residents of village Jaupura, Tehsil and district Agra having Bhumidhari/Sirdhari agricultural land contracted and agreed to sell the plots to Smt. Shanti Devi sole respondent for a consideration of Rs. 35,000/- on 28.5.1974 and an agreement to sale was prepared and executed on 28.5.1974. As agreement to sell was prepared and executed on 28.5.1974, Smt. Shanti Devi paid Rs. 6000/ - as earnest money and part of consideration to the above said three persons on the date of agreement. This agreement is available on record of the second appeal. Specific terms and conditions were spelt out that balance of amount i.e. Rs. 29,000/- would be paid on the date of registration of the sale deed. The sale-deed was to be executed within three years as the said agriculturists were to obtain bhumidhari sanad by depositing the required sum with the Government. It was stipulated that in case the vendors failed to execute the sale deed it would be open for Smt. Shanti Devi to get it done through the Court.