BISHAMBHAR NATH AGRAWAL Vs. KISHAN CHAND

JUDGEMENT

(1.) Heard counsel for the parties.

(2.) This is an appeal against the judgment and decree dated 15-4-1983 passed by Sri C. P. Singh, IVth Additional District Judge, Agra in Original Suit No. 439 of 1975, Kishan Chand v. Bishambhar Nath Agrawal, whereby he had decreed the suit for specific performance of contract and directed the defendant No. 1-appellant Bishambhar Nath Agrawal to execute sale-deed within a period of 3 months on getting the amount of sale consideration and rent up to 31-10-1975. He was also directed to obtain requisite permission from the District Magistrate, if necessary. It was further directed that in case Bishambhar Nath Agrawal would not comply with the decree within the period aforesaid the plaintiffs-respondents would be free to get sale-deed executed through court at the cost of Bishambhar Nath Agrawal. It was declared by the decree that after 31-10-1975, the plaintiffs-respondents 1-4 and defendants Nos. 2 to 6 (present respondents Nos. 5 to 9) were not liable to pay rent or interest to Bishambhar Nath Agrawal, defendant No. 1-appellant.

(3.) The present suit was brought for specific performance of the agreement to reconvey house property No. 4/157 situated in Agra and for declaration that since after 31-10-75 the plaintiffs and defendants Nos. 2 to 6 were not liable to pay rent or interest to the defendant No. 1 with a prayer for adjustment of amounts, if any recovered from them or through the tenants against the amount payable to defendant No. 1 in the decree of specific performance. It was alleged that the major portion of the house property was occupied by plaintiffs-respondents Nos. 1 to 4 (the contesting respondents) while a minor portion was let out to tenants, that the plaintiffs Nos. 1 to 3 being in need of money approached the defendant No. 1-appellant for advance of loan who agreed to advance loan of Rs. 20,000.00 at the interest of Rs. 11/2% per month but obtained one deed having ostensible character of a sale-deed and also a rent note on 25-4-1968 for securing interest (the deeds were signed by plaintiff No. 4 also) but it was agreed that these two deeds will be used only as security for the purpose of loan and the interest accruing thereon, that the said plaintiffs continued to live in the house as owners, that ultimately defendant No. 1-appellant Bishambhar Nath Agrawal started asserting his ownership over the property and so the contesting respondents filed Original Suit No. 293 of 1973 in the Court of Civil Judge, Agra. The suit, however, was compromised7 on 12-11-1973 on the terms suggested by Bishambhar Nath Agrawal appellant under which the contesting respondents were to pay Rs. 1,02,120.00 and Bishambhar Nath Agrawal was to execute reconveyance deed within a period of 2 years, and interest was to be paid in the form of rent. It was further alleged that the plaintiffs-contesting respondents could not pay the interest amount and could pay only a sum of Rs. 9,180.00 but they made arrangements for the payment of the entire sale consideration and the entire balance of interest and requested Bishambhar Nath Agrawal defendant No. 1-appellant (hereinafter to be referred to as 'the appellant') to execute the reconveyance deed in their favour and served with notice dated 23-10-1975, that the appellant took no steps to obtain permission to execute the sale-deed under the provisions of the Temporary Ceiling Act, despite service of notice dated 23-10-1975, that the appellant did not send any reply, that thereafter, the contesting respondents also sent a telegram dated 29-10-1975 requesting the appellant to come with permission to sale and execute the sale-deed but he did not send any reply to this notice also, that ultimately plaintiff-respondent No. 3 Mahesh Chand along with others approached the appellant to execute the sale-deed after obtaining permission but the appellant avoided to have any contact with them and so Mahesh Chand sent a telegram to the appellant from Gwalior but to that also no reply has been sent, that on 31-10-1975, the contesting respondents reached the office of the Sub-Registrar, Agra with necessary stamps and financiers Permanand Puri and Vishnu Ram Nagar and remained there till evening but the appellant did not turn up, that they thereupon, sent another telegram to the appellant dated 31-10-1975 at 5.20 p.m. but to that telegram also no reply has been sent by the appellant, that the contesting respondents had always been ready and willing to perform their part of the contract and even now they are ready and willing to perform the contract according to its true construction, that it was obligatory on the part of the appellant to have obtained permission for a sale but he did not do so and has been avoiding to perform his part of the contract with some ulterior motive, hence the suit.