RAMESHCHANDRA Vs. KAMAL KISHORE

JUDGEMENT

(1.) This judgment would decide S.A.No. 304/99, Rameshchandra and another vs. Kamal Kishore & others and S.A. No. 344/99 Bhogabai (Dead) and others vs. Omprakash & others, since both the appeals arise from common facts and documents.

(2.) S.A.304/99 is defendants' appeal against the judgment and decree dated 21-4-J999 passed by the Court of District Judge, GwalJor (M.P.), in CiviJ Appeal No. 47A/98 reversing thereby the dismissal of Civil Suit No. 366A/91 and granting a decree for specific performance. Needless to say that while deciding S.A.No. 304/99, references about evidence have been taken from the record of Civil Suit No. 366A/91.

(3.) Facts relevant herein for the purposes of the said appeal are that the plaintiff Dhannalal (predecessor of respondents) instituted a suit against Ratiram (predecessor of appellants) for specific performance with allegations that the plaintiffs needed Rs. 4,000/- in the year 1969 for domestic expenses. He agreed to mortgage the suit house for the said consideration. Defendant got executed registered sale-deed in his favour on 11-4-1969 for a consideration of Rs. 4,000/-with a contemporaneous agreement of resale for the same amount simultaneously. Plaintiffs paid a sum of Rs. 3,000/- and a fresh agreement was executed on 11-9-1972 by the plaintiffs with a condition that the plaintiffs would pay the balance of Rs. 1,000/- within a year and will get the registered sale deed executed from the defendant. Plaintiffs offered a sum of Rs. 1,000/- at times but the defendant avoided to receive it and execute a sale deed. Therefore, the plaintiffs issued registered notice dated 29-9-1972 and instituted a suit for direction to defendant to receive the balance money and execute the registered sale-deed.