BARU SINGH Vs. BABU RAM SHARMA

JUDGEMENT

(1.) Present is defendants second appeal arising out of suit filed by plaintiffrespondent, here after the respondent, for specific performance of contract of sale of land in suit dated 2-2-1968 and in the alternative for recovery of a sum of Rs. 14,000.00 along with future and pendente lite interest at the rate of 6% per annum.

(2.) Respondent's case was that defendantsappellants hereafter the appellants are the bhumidhars of the land specified in Schedule 'A' of the plaint. Appellants executed an agreement of sale of their land (Khasra Nos. 1090/5 and 1090/6 of V. Puthi Ibrahimpur, Khasra No. 11/2 of Jamapur Khador and Khasra of Plot No. 85A of village Samber here) with respondents for a consideration of a sum of Rs, 13,000/- out of which a sum of Rs. 12,000.00 had been paid to the appellants by the respondent at the time of the agreement and the remaining sum of Rs. 1,000/was agreed to be paid at the time of registration of the sale deed which was to be executed within a period of two years from the date of the agreement. There was a stipulation in the agreement of sale that if appellants failed to execute the sale deed the respondent would be entitled to recover the sum of Rs. 12,000.00 plus Rs. 2,000.00 towards damages and in case respondents fail to get the sale deed executed appellants will be entitled to recover Rs. 1,000.00 from respondents through Court. It was further alleged by respondent that though he asked appellants to execute the sale deed but he failed to turn up before the SubRegistrar on 2-2-1970, as agreed. It was also alleged that the respondent was ready and willing to get the sale deed executed and is still ready and willing whereas appellants have failed to perform their part of contract, hence the suit.

(3.) On the other hand, appellants point blank denied execution of the contract of sale and receipt of the money (Rs. 12,000/-); they denied having agreed to sell the land in suit which according to appellants did not exist nor was in existence at the time of execution of the alleged agreement of sale, they denied settlement of the terms and conditions of sale of the land or that they promised to execute the sale deed of the land on 2-2-1970 before the Sub-Registrar. It was also pleaded by the respondent that the suit was barred by time, they also denied that respondent ever asked them to execute the sale deed as there could have been no occasion for the same. On 4-5-1977 respondent gave notice to Baru Singh, the appellant No. 1 through his lawyer, Sri Nahar Singh, Advocate that the land of Pathi Ibrahimpur was purchased by the respondent benami in the name of the appellants and its real owner was the respondent, which according to the appellants amounted to refusal by the respondents for performance of their part of the agreement of sale if there was one, as per the case set up by the respondent, plea of estoppel and acquisition was also set up.