MURLIDHAR PINJANI Vs. SHEELA TANDON

JUDGEMENT

(1.) THIS appeal has been preferred by the defendants aggrieved by judgment and decree dated 3rd August, 1995 delivered by 1st Addl. District Judge, Bhopal in Regular Civil Suit No. 44-A/91.

(2.) PLAINTIFF/respondent No. 1 has filed a suit for specific performance of an agreement (P- l) dated 18-10-88 with respect to 2. 47 acre of land situated at Village Badwai, Tehsil and District Bhopal. Total consideration payable was rs. 2,61,820/-, out of the said amount 10% earnest money, that is Rs. 26,182/-was paid. It was agreed that within one month of obtaining permission from urban Land Ceiling Department by the defendants, the sale deed would be executed, intimation was to be given within one month, thereafter the sale deed was to be executed after payment of remaining consideration to defendant nos. 1 and 2. On 14-1-89 a notice (P-2) was given to plaintiff regarding permission having been obtained by defendants. However, after enquiry plaintiff came to know that no such permission was accorded. A reply (P-6) to the notice was sent mentioning that no permission was obtained and if it was obtained to send the photo-copy of the permission. On 29-4-89, defendant nos. 1 and 2 again intimated about the permission, but by that time Civil Suit no. 68/89 was filed by Balmukund against Amarsingh in which plaintiff and defendants were also the parties. Balmukund asserted his own possession over the suit land, interim injunction was granted to maintain status quo, ultimately application for injunction was rejected on 10th July, 89 an appeal was preferred' against the order of rejection of prayer, appeal was also dismissed by 1st appellate Court on 4th August, 1989, another notice (P-3) was served on 24th march, 1990 to execute the sale deed within fifteen days. Civil Suit No. 68/89 filed by Balmukund was dismissed in default of 25-6-90, the suit in question was filed on 21st October, 1991.

(3.) PLAINTIFF averred that plaintiff was ready to purchase the suit land all the time and still ready to get the sale deed registered after payment of remaining consideration, defendants did not carry out their obligation, consequently, the suit was filed. .