RAM SWARUP GAUR Vs. RATIRAM

JUDGEMENT

(1.) The present first appeal has been filed by the plaintiffs against the judgment and decree of the 1st Additional Civil Judge, Dehradun dated 19th February, 1975 dismissing the plaintiffs' suit. It may also be noticed that a cross-objection has also been filed in the present first appeal which challenges the decree passed by the Court below giving a declaration to the plaintiffs that they were not liable to pay rent since 11th October, 1974 till the expiry of the period of appeal or appeals, if any, or till they withdraw the deposited amount whichever is earlier.

(2.) The plaintiff-appellants filed Suit No. 294 of 1974 for a declaration that the plaintiffs having paid the sale price, the defendant was liable to sell the suit property back to the plaintiffs as soon as the permission for sale was granted or the ban on transfer or urban property at present is imposed by law in force, besides other reliefs which were for a declaration that they were not liable to pay rent any more in respect of the property.

(3.) According to the plaint case the plaintiffs who were in need of money and on 10th February, 1969 they entered into an agreement with the defendant to sell a portion of their Westlynne Main Building situated at Kulri, Mussoorie for an amount of Rs. 25,000/-. The main terms of the aforesaid agreement governing the parties arc contained in Clauses 1, 2, 4 and 7. The aforesaid Clauses show that Rs. 10,000/-were paid as earnest money and the balance was to be paid at the time of the sale-deed. The sale-deed was to be executed in favour of the defendant by 15th February, 1969. It was also agreed that the purchaser shall execute separate agreement promising to re-sell the property. Clause 7 of the agreement contemplated leasing of the property in favour of the plaintiffs on a monthly rent of Rs. 375/-.