RAMSWAROOP Vs. KANCHAN BAI

JUDGEMENT

(1.) II Additional District Judge, Shajapur by impugned judgment dated 27.12.1993 in civil suit No. 8-A/1988 (Ramswaroop v. Kanchanbai and 4 others) has dismissed the civil suit for specific performance of an agreement for sale and for permanent injunction.

(2.) AS per plaint respondents 1 to 4 had obtained eastern half part of 2.630 hects. in area of khasra No. 652 situate at village-Sarali, Tahsil-Sarangpur, District-Rajgarh. In a mutual partition among the other co-sharers such land was entered in names of respondents 1 to 4 as khasra No. 652/2 in revenue papers as per order of the Naib Tahsildar. As claimed in plaint, on 17.4.1985 respondents 1 to 4 had agreed to sell this land for Rs.40,000/- to the appellant. Such consideration money was paid in cash. Possession of land was also handed over. An agreement for sale was executed in writing. However, the respondents 1 to 4 did not execute a registered sale-deed despite several oral requests, thereafter. Hence, notices were given to them on 7.4.1988 by registered post. Later on 15.4.1988 a civil suit for specific performance of contract and injunction and in alternative return of price amount of Rs. 40,000/- with interest Rs.14,000/- was filed.

(3.) THE learned trial Court after recording evidence of both the parties and hearing the advocates held that no mutual partition among the co-sharers has been proved and that the suit land did not belong exclusively to respondents 1 to 4. It did not find the execution of agreement for sale proved with the passage of consideration and delivery of possession. It concluded that Babulal (PW 5), clerk of the advocate might have obtained thumb marks and signatures of respondents 1 to 4 on Ex. P-1, the document which is basis of the suit taking advantage of the illiteracy and ignorance of respondents 1 to 4 and thus, dismissed the suit.