DURG SINGH Vs. MAHESH SINGH

JUDGEMENT

(1.) This appeal has been preferred by appellant who is a subsequent purchaser (defendant No.2) against the judgment and decree dated 27-8-1993 passed by Illrd Additional District Judge, Sagar in civil suit No. 42-A/89 (old No. 3-A/88) decreeing the suit of plaintiff for specific performance of the contract.

(2.) In short the suit of plaintiff is that defendant No.l Devi Singh was the bhumiswami of the suit land which is agricultural land, the said Devi Singh on 11-5-1988 entered into an agreement with the plaintiff for a consideration of Rs. 30.000/- to sell the land in question to him. A sum of Rs. 5000/- was paid as an earnest money and the balance amount was agreed between the parties to be paid on 20-5-1988. In the document the condition was embodied that in the case Devi Singh would avoid to get the sale-deed executed the plaintiff may file a suit for the execution of the sale-deed. The plaintiff, though insisted Devi Singh to get the sale deed executed and when the same will be found, the sale deed shall be executed. It has further been pleaded by the plaintiff that Devi Singh assured that he will obtain a new Bhoo Adhikar Avam Rin Pustika, thereafter he shall execute the sale deed.

(3.) Devi Singh again after receiving Rs. 6000/- towards earnest money on 24-5-1988 executed another document of agreement acknowledging the receipt of Rs. 11,000/- as earnest money and agreed to get the sale deed executed till 30th October, 1988 and in case he fails to get the sale deed executed, the plaintiff shall have right to get the document of sale executed in his favour.