INDRA NATH Vs. KITABUN

JUDGEMENT

(1.) The defendant, who has lost in the two Courts below in a suit for specific performance, has preferred this appeal against the judgment and decree dated 30- 9-1993 passed by Additional Civil Judge, Unnao by which the judgment and decree dated 31-3-1993 of I Additional Munsif, Unnao in regular suit No. 79 of 1980 : Smt. Kitabun and others v. Shri Kalka, was confirmed.

(2.) The respondents brought a suit for specific performance of an agreement dated 21st July 1979, alleged to have been executed by Kalka, (original appellant) In favour of Sultan Ahmed, who died on 20-8-1980. The suit was brought by his heirs after the death of Sultan Ahmed. It was contested by Kalka inter alia on the ground that he had not executed the agreement in question for consideration of Rs. 17.000/- nor had obtained a sum of Rs. 14.000/- as an advance nor did he deliver possession of the land in question to Sultan Ahmed. The land in question was agricultural land and Kalka was Harijan. He also contested that the land was mortgaged with Bhumi Vikas Bank and could not have been agreed to be sold without permission from the mortgagee. It was alleged by Kalka that his thumb impression/signature had been obtained by Sultan Ahmed on blank paper; that the village was under consolidation and no permission from Settlement Officer, Consolidation have been obtained.

(3.) It may be mentioned here that the plaintiff had alleged that requisite permission under Section 157-A of UPZA & LR Act read with Rule 143-C, therein had already been obtained by Kalka. In this regard, the contention of Kalka was that he had not applied for such a permission and the permission could not have been granted under law.