SHYAMLAL Vs. RACHNA

JUDGEMENT

(1.) This appeal by the defendants is against the concurrent findings of facts recorded by two Courts below whereby a decree of specific performance has been granted against the defendants/appellants in civil suit No. 145A/2018 vide judgment and decree dtd. 15/9/2023 as affirmed by the appellate Court in Regular Civil Appeal No.38/2023 vide judgment and decree dtd. 8/11/2024.

(2.) The relevant facts of the case are that the defendants/appellants agreed to sale their land situated in Survey No. 24/1 admeasuring 0.24 hectare, Survey No. 31 admeasuring 0.27 hectare and Survey No. 33 admeasuring 0.72 hectare of village Shyampura, Tehsil Piploda, District Ratlam in favour of plaintiffs/respondents for which an agreement to sale (Exhibit P/1) was executed on 3/2/2018 according to which the sale was to be effected by 3/4/2018 i.e. within a period two months. There was stipulation in Clause No. 6 of the agreement to sale (Exhibit P/1) to the effect that the defendants shall get the demarcation of the suit property done in the presence of plaintiffs before execution of the registered sale deed. As per the agreement (Exhibit P/1), an amount of Rs.6,11,000.00 was paid by the plaintiffs to the defendants and rest of the amount was to be paid on the date of execution of sale deed. The sale consideration according to the agreed rate was Rs.3,35,000.00 per bigha. As such, the total sale consideration for total land of 4 bighas and 19 biswa was Rs.16,48,200.00 out of which an amount of Rs.6,11,000.00 was received by the defendants/appellants on the date of execution of agreement to sale.

(3.) The time of two months as stipulated in the agreement was getting completed on 3/4/2018. As such, both the parties by mutual consent extended the time by 10 days i.e. up to 13/4/2018 for which an endorsement was made on the agreement (Exhibit P/1) itself which is not under dispute in the present case.