SMT. CHAMPA BAI AND OTHERS Vs. PRAFULLA CHAND

JUDGEMENT

(1.) The appellants have filed this appeal against the judgment and decree dated 5th December, 1998 passed in Civil Suit No. 35 -A/ 1996.

(2.) Original plaintiff Khemchand filed a suit for specific performance of contract in regard to house No. 105 situate at Katra Bazar, Jawahar Ganj Ward, Sagar. The suit house was purchased by Brijlal Jain father of the defendant in an auction held on 25/01/1924. Mr. Brijlal Jain executed a will on 26/07/1973 and he had gifted 1/2 portion of the house in favour of defendant No. 1 and 1/2 portion of the house i.e. southern side in favour of defendant No. 2. The plaintiff was inducted as tenant in one portion of the house during life time of Mr. Balchand Jain. After death of Balchand Jain, the plaintiff became the tenant of defendant No. 1 because the aforesaid portion was gifted by Mr. Balchand Jain to defendant No. 1.

(3.) On 15/01/1976 defendant No. 1 executed an agreement with the plaintiff to the effect that the defendant No. 1 would execute a sale deed of his portion of the house in a consideration of Rs. 88,000/ -. An amount of Rs. 4,000/ - was received by the defendant No.1 at the time of execution of the agreement. It was further agreed that remaining amount of Rs. 84,000/ - shall be paid at the time of execution of the registry. It was further agreed that the defendant No.1 shall execute the registry within a period of one year from the date of agreement. As per the plaintiff, he had written many letters to the defendant No. 1 for execution of the registry, however, the same was not executed. Thereafter another agreement was executed by defendant No. 1 on 29/01/1977, he had agreed to execute the sale deed upto 31/12/1977 on the same terms and conditions. The sale deed was not executed within stipulated period of second agreement by defendant No. 1. Thereafter, third agreement was executed by defendant No. 1 on 28/08/1978. It was agreed in the aforesaid agreement that defendant No. 1 shall execute the registered sale -deed upto 31/12/1978. Defendant No. 1 had received another amount of Rs. 26,000/ - on the aforesaid date.