CEVERA SEHKARI AVAS SAMITI LTD Vs. CHARAN SINGH

JUDGEMENT

(1.) A suit for specific performance of a contract of sale of land measuring 6 bighas 5 bisiuas 10 bisioansis dated 2.11.1985 and alternatively for refund of money was filed by M/s. Cevera Sehkari Avas Samiti Ltd., Agra (hereinafter called the 'Society') against Charan Singh, Mohan Singh and Bhagwati. The trial court dismissed the suit. The appeal against the decree filed by the Society has been allowed for the relief of refund of money with interest at 9% per annum but has been dismissed in respect of the relief for specific performance.

(2.) Second Appeal No. 957 of 2001 has been filed by the society while Second Appeal No. 1152 of 2002 has been filed by the defendants Charan Singh and others.

(3.) The settled consideration under the contract of sale dated 2.11.1985 was Rs. 3,26,000 out of which an advance of Rs. 59,000 was paid at that time and it was agreed that the defendants would obtain permission under the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter called the 'Ceiling Act') and Income Tax, Clearance. The sale deed was to be executed within one and half years. The defendants admitted execution of the agreement to sell but their case was that the consideration was settled at the rate of Rs. 1,02,000 per bigha. It was also alleged that the time was the essence of the contract and that the suit was barred by limitation as it was filed on 4.12.1990. It was also alleged that the land in dispute had been declared as excess land under the provisions of the Ceiling Act and the agreement of sale was void as it offends the provisions of Section 5 (3) thereof. It was denied that the Society was ready or willing to perform its part of the contract.