BHAGWAN DAS Vs. CHANDRA KALI

JUDGEMENT

(1.) THIS is a plaintiff's second appeal arising out of a suit filed by him for specific performance of a contract and in the alternative for recovery of Rs. 750/- paid in advance and Rs. 800/- by way of damages.

(2.) THE case taken in the plaint was that defendant No. 1. Smt. Chandra Kali had executed an agreement to sell her sirdari land situated in village Rampuria Taluqa Lakhora, Tehsil Faridpur, district Bareilly in favour of the plaintiff for a sum of Rs. 1,550/- on 23-9-1964. A sum of Rs. 750/- was paid to her in advance and the sale deed was to be executed within six months. An agreement to sell was executed by her on that date. It was also agreed that she would obtain Bhumidhari rights and permission from consolidation authorities. It was alleged that because of increase in the prices of land, the defendant No. 1 did not execute the sale deed and hence the instant suit was filed. During the pendency of the suit defendant No. 1 transferred the disputed property in favour of defendants 2 and 3. According to the plaintiff those defendants had full knowledge of the agreement which had been made by defendant No. 1 in his favour and hence the transfer in their favour was of no avail.

(3.) AN appeal was preferred from that judgement and decree by the plaintiff-appellant and before the lower appellate court the following submissions were made; Firstly, that even though the agreement to sell was in respect of sirdari land it could be enforced as subsequently the transferor acquired Bhumidhari rights therein; secondly that in view of Section 43 of the Transfer of Property Act the plaintiff was entitled to claim enforcement of the disputed contract; thirdly that the trial court had erred in holding that the plaintiff-appellant could not give evidence to show that it was a part of the agreement that defendant No. 1 would acquire Bhumidhari rights and then execute the sale deed and lastly that the transfer made in favour of defendants 2 and 3 was collusive and was made to defeat the interest of the plaintiff. None of these submissions found favour with the lower appellate court and it dismissed the appeal and confirmed the decree of the trial court. Aggrieved, the present appeal had been filed by the plaintiff.