INAYAT HUSSAIN Vs. SHRI MURTI SITARAM MANDIR

JUDGEMENT

(1.) THE unsuccessful plaintiff has riled this appeal under section 96 of the Code of Civil Procedure against the judgment and decree dated 29.2.1980 passed in C.O.S. No. 1 -A/74 by Additional Judge to the Court of District Judge, Shajapur.

(2.) BRIEFLY stated, the facts of the case are that the appellant med the aforesaid civil suit for the relief of specific performance of the contract to purchase agricultural land and in the alternative for decree of refund of the earnest money of Rs. 1,000,00 paid by the appellant in pursuance of the contract. The agricultural land is situated in village Dasipura, Tehsil Shajapur. It is recorded in the name of Idol Murti Shri Sitaram installed in the temple. The manager or the temple, Jamunadas, entered into a contract on 1.12.1968 to sale the aforesaid agricultural land having area of 3.178 hectares and charged to land revenue of Rs. 17.50 Ps. and received the sum of 1.000,00/ - as earnest money. The consideration fixed in the contract was Rs. 18,000.00. As Jamunadas did not perform the contract and the appellant was ready and willing to perform his part of the contract, he filed the aforesaid civil suit against respondents No. 1. In this Court respondent No.2 (State of Madhya Pradesh) was impleaded as a party. The claim was opposed by respondent No.1. On evaluation of the evidence, the trial Court held that the aforesaid contract was void and unenforceable on the ground that the manager Jamunadas had no power to make contract in respect of the property owned and possessed by respondent No.1. The suit was, therefore, dismissed. Aggrieved by the judgment and decree, the appellant has filed this appeal and renewed the prayer.

(3.) I have heard Shri Suresh Garg, learned counsel for the appellant; Shri N .P. Pandey, learned counsel for respondent No.1; and Shri Piyush Mathur, learned Deputy Government Advocate for respondent No.2.