LEELADHAR JAYNARAYAN Vs. RAMSINGH

JUDGEMENT

(1.) THIS is a Letters Patent Appeal from the Judgment and decree of a learned Single Judge, in Second Appeal No. 194 of 1964. That second appeal arose from a suit instituted by Jainarayan (whose legal representatives are the appellants) against Ramsingh and Umraosingh (respondents nos. 1 and 2) and Babusingh (whose legal representatives are the other respondents) alleging that by an agreement of sale in the month of Baisakh samvat 2006 (corresponding to 1948 A. D.), he had agreed to sell the suit land to the defendants for a sum of Rs. 9595/ -. The defendants paid him rs. 4595 /- as part of the price and he gave them possession. However, under the law then in force, sale of land could be validly effected only with previous sanction of the Suba (Collector ). The parties applied for the requisite sanction but by an order dated October 6, 1953, sanction was refused. The plaintiff claimed return of possession from the defendants. He expressed his readiness and willingness to return the part-price received by him.

(2.) THE suit was resisted by the defendants inter alia on the ground that entire consideration had been paid to the plaintiff.

(3.) THE trial Court passed a decree in favour of the plaintiff for possession of the suit lands on the condition that he returns Rs. 4595/- to the defendants within a specified period.