MADINA BEGAM Vs. SHIV MURTI PRASAD PANDEY

JUDGEMENT

(1.) This is an appeal filed under Section 96 of the Code of Civil Procedure calling in question tenability of a judgment and decree dated 1.2.2011 passed by the 10th Additional District Judge, Jabalpur in Civil Suit No.41A/2008 dismissing plaintiffs' suit for specific performance of an agreement entered into between the plaintiffs and one Late Smt. Gulab Bai.

(2.) The dispute in question pertains to certain agricultural land bearing khasra nos.438, 439, 440 and 456 situated in Patwari Halka No.26 Gram Amkhera, Tehsil & District-Jabalpur. Even though, the total area of the said land is 2.13 acres, the dispute pertain to a portion of the land measuring 1.63 acres, which was agreed to be sold by an agreement dated 3.9.2001, specific performance of which was sought for in the suit.

(3.) It was the case of the plaintiffs that Late Gulab Bai being the owner of the property in question executed the agreement on 3.9.2001 agreeing to sell 1.63 acres of land to plaintiffs/ appellant Nos.1 & 2 for a total consideration of Rs.4,89,000/-. In the agreement, it was stipulated that out of the agreed amount being the consideration for the sale, a sum of Rs.1.25,000/- was paid as earnest money, rest of the amount was to be paid at the time of registration of the sale-deed, it was also agreed to between the parties that the sale deed shall be executed within a period of six months. It is said that after the agreement was entered into on 3.9.2001 and during her lifetime, late Gulab Bai who was an aged widow and who had no source of income, had executed the agreement to generate some finance for herself. It is further said that on 16.11.2001, late Gulab Bai executed a registered will in favour of Shri Shiv Murti Prasad Pandey and Shri Devendra Prasad Pandey, Respondent Nos.1 & 2 herein (Defendant Nos.1 & 2) and in the said will, it was clearly mentioned that an agreement has been entered into for sale of 1.63 acres of land with the plaintiffs and Respondent Nos.1 & 2 were given the responsibility of ensuring that the sale deed was executed as per the agreement entered into on 3.9.2001. It is said that after execution of this will, late Gulab Bai died on 2.1.2002. It is also seen from the records that much before execution of this agreement for sale on 3rd of September, 2001, a civil suit was filed by late Gulab Bai against one Amar Singh and Shri Jaswant Singh in a court of competent jurisdiction, this civil suit was filed in the year 1994 and was registered as Civil Suit No.479A/1994. In this suit, late Gulab Bai sought a declaration with regard to her title and possession of the suit property and wanted Amar Singh and Jaswant Singh to be restrained from interfering with her possession. The suit was decreed on 2.8.2001 vide Exhibit- P3 and it is after decreeing of the said suit on 2.8.2001 that the agreement for sale dated 3.9.2001, Exhibit-P1 was entered into between the parties, as the title and possession of late Gulab Bai was affirmed in the decree.