K.J. CONSTRUCTION Vs. ONKAR LAL RATHORE

JUDGEMENT

(1.) Arguments of the parties on IA No. 2572/2020 heard.

(2.) Availing the liberty granted by this Court vide order dtd. 4/4/2016 and 19/3/2018, Respondent No. 4 has filed this application for granting leave to alienate the suit property with suitable measures/conditions to secure the interests/rights of the plaintiffs/appellant.

(3.) Relevant facts of the case, in brief, are that there was a property of Omkar Lal Rathore bearing survey No. 65 & 66 total area 3.031 hectares situated in village Rangvasa, Tehsil & District Indore. Omkar Lal agreed to sell this property to the plaintiff/appellant for consideration of Rs.34.11 lakhs. An agreement to sell was executed between both of them on 15/5/2006. The plaintiff paid Rs.1.00 lakh by cheque and Rs.6.5 lakhs in cash. The compliance date was settled as 2/11/2006. Before this date, on 11/10/2006, the children of Omkar Lal filed a civil suit No. 125A/06. The plaintiff knew about this civil suit, but he never tried to get the sale deed executed. The suit was decreed vide judgement and decree dtd. 30/4/2007. After more than nine months, the plaintiff filed a civil suit No. 79A/2015 for specific performance of contract on 4/2/2008. The learned trial court was of the view that the plaintiff himself was not ready and willing to get the sale deed executed and dismissed the suit vide judgement dtd. 18/12/2015 with respect to the relief of specific performance of the contract. Challenging this judgement, the plaintiff/appellant has preferred the present appeal.