MALAM SINGH Vs. RAM PRASAD DESHWALI

JUDGEMENT

(1.) INVOKING appellate jurisdiction of this Court under Section 96 of the Code of Civil Procedure, 1908, the appellant-plaintiff has filed this appeal calling in question the legality, validity, propriety and correctness of judgment and decree dated 23-12-84, passed by Vth Additional District Judge, Bhopal in Civil Suit no. 36-A/89.

(2.) THE brief facts shorn of gratuitous and unnecessary details may be narrated thus:-

(3.) THE appellant-plaintiff filed a suit against the defendants for specific performance of the contract for sale of agricultural land alleged to have been executed by deceased Ram Prasad (now represented through his legal representatives) stating that initially the land in dispute was owned by Kaniram deswalia, the son-in-law of deceased Ram Prasad and father of Om Prakash (since deceased and represented by respondents Munni Bai, Ramshri, ramnarayan and Prem Narayan ). Deceased Kaniram on 28-5-71 executed a sale deed in favour of deceased Ram Prasad. Thereafter, proceedings under Section 145 of the Cr. PC were initiated with regard to the suit land. During the pendency of these proceedings, on 17-9-74, deceased Ram Prasad Daswalia entered into an agreement with the plaintiff to sell the suit property for a consideration of rs. 30,000/- and received a sum of Rs. 20,000/ -. Deceased Ram Prasad agreed to execute the sale deed in favour of the plaintiff after receiving the remaining consideration of Rs. 15,000/ -. A document Exh. P-1 was executed by deceased ram Prasad in favour of the plaintiff on 17-9-74 itself. Deceased Ram Prasad also agreed to deliver possession of the suit land to the plaintiff after termination of the proceedings under Section 145 of the Cr. PC.