DHANU Vs. AJAI KANT AND OTHERS

JUDGEMENT

(1.) This is defendant's appeal from an appellate decree of Sri. G. Ram, the then Additional District Judge/ Special Judge (Dacoity), Jhansi, dated 07.02.1995 passed in Civil Appeal No.51 of 1991, dismissing the said appeal and affirming an original decree of Sri. Pratap Singh-II, the then Civil Judge (JSCC), Jhansi, dated 15.05.1991, decreeing Original Suit No.132 of 1989 for Specific Performance of Contract in favour of the plaintiffs-respondents.

(2.) This appeal was admitted to hearing on the following substantial questions of law as framed by this Court vide order dated 02.08.1996:

(3.) A brief resume of facts would be necessary to appreciate the background of the dispute between parties, giving rise to these substantial questions of law. The suit here was instituted by the four plaintiffs-respondents while they were minors through their fathers and natural guardians, Ramesh Chandra and Suresh Chandra, sons of Jwala Prasad, acting as their next friends. The plaintiffs-respondents shall hereinafter be referred to as the "plaintiffs" whereas defendant-appellant would be referred to as the "defendant". According to the plaintiffs, the defendant struck a bargain with them on 11.07.1986 agreeing to sell his bhumidhari plot bearing No. 67, admeasuring 6.5 decimals, situate at Village Luka, Pargana Moth, District Jhansi in favour of plaintiffs for a contracted sale consideration of Rs.45,000/-. It is pleaded that in furtherance of the aforesaid bargain, a registered agreement to sell dated 11th July, 1986 was executed by the defendant in favour of the plaintiffs, that was duly admitted to registration. It is also pleaded that the defendant accepted an earnest money of Rs.9000/- at the time when the agreement to sell was executed. He further accepted out of the agreed sale consideration, a sum of Rs.1500/- in the presence of the Sub-Registrar, when the document was registered. The defendant, thus, received as earnest out of the total agreed sale consideration of Rs.45,000/-, a sum of Rs.10,500/- from the plaintiffs by the time the agreement to sell was executed and admitted to registration. It is the plaintiffs' further case that the defendant covenanted through the agreement to sell that a sale deed would be executed by 15.02.1987 in favour of the plaintiffs by the defendant, upon receipt of the balance of Rs.34,500/-, at the time of the execution of the conveyance. It is also pleaded in the plaint that the plaintiffs in accordance with the terms of the agreement have always been ready to pay the balance of Rs.34,500/- and to secure execution of a sale deed in accordance with the agreement to sell, and are still ready, but the defendant has taken resort to diverse pretexts in order to ward off their liability so to do; he is still postponing performance of his obligations.