RAMESHWARLAL Vs. DATTATRAYA

JUDGEMENT

(1.) This is defendant's first appeal against the judgment and decree dated 25.2.99 passed by the Additional Sessions Judge,Burhanpur decreeing a suit for specific performance filed by the respondents/plaintiffs.

(2.) Facts, which are not in dispute, necessary for deciding the present appeal are, that the land in dispute is situated in Amagird,Tehsil Burhanpur. Appellant here in Rameshwarlal is,holding Bhumiswami Rights for the entire la nd. In revenue Case No.19/A-2/77-78, he sought diversion of the land for the purpose of using it to establish a colony. The competent authority-exercising jurisdiction under section 172 of the Madhya Pradesh Land Revenue Code, vide order-dated 22.6.1979 granted permission. It may be noted that the application for permission under section 172 of the Code, was accompanied by the relevant documents as per the statutory rule applicable for seeking diversion i.e... Rule 4 and the documents included a tentative map and layout plan of the area. After obtaining diversion, records indicate that the appellant herein applied for a license to undertake colonization. The license was sought in accordance to the requirement of section 24(a) of The Madhya Pradesh Vinirdishta Bhrastha Acharan Nivaran Adhiniyam,1982 (hereinafter referred to as 'Adhiniyam of 1982').Under the provisions of section 24 of the Adhiniyam of 1982, license for establishing a colony was necessary. At this point, it may be noted that under section 31 of the Adhiniyam of 1982, transfer of plots in an area of illegal diversion or illegal colonization is void.

(3.) However, after obtaining the requisite Colonizer's License, which was granted vide Ex.D/6 dated 31.1.1989, appellant herein applied for permission to develop the area on 3.9.91. Records indicate that on 20.1.1992, permission was received vide Ex.D/8. When the aforesaid process was in progress, it is seen that plaintiffs herein and the appellant entered into an agreement for sale of certain plots measuring 34' x 100' at the rate of Rs.12/- per sq ft. The total consideration for the sale was to be Rs.40,800/-. Each of the plaintiffs paid an earnest money of Rs.25,000/- and it was agreed that the balance amount of sale consideration i.e.. Rs.15,800/- shall be paid at the time of registration of the sale-deed, which was to be executed on or before 31.10.1987. These agreements for sale are executed vide Ex.P/1 to P/6 on 7.10.1987. Plaintiffs 1, 3, 4, 5 and 6 i.e... respondents 3, 4, 5 and 6, in this appeal, were parties to the agreement and one of the executant to the agreement Rambhau Mahajan having died, he is represented by his Legal Representatives i.e... son and wife, plaintiff No. 2(a) and (b)respondents No.2(a) and 2(b) in this appeal.