RAMJILAL Vs. DR.PREAM ARORA AND OTHERS

JUDGEMENT

(1.) This first appeal under section 96 of the Code of Civil Procedure has been filed by the defendant before the trial Court being aggrieved by the judgment and decree dated 21.8.2000 passed in Civil Suit No. 12-A/1997 by the Court of First Additional District Judge, Ashoknagar, District Guna in the matter of Dr. Prem Arora v. Ramjilal and others.

(2.) Brief facts leading to the present appeal are that the plaintiff had filed a suit for specific performance of the agreement in relation to the land contained in Survey Number 102 measuring 3.962 and Survey Number 101 measuring 1.557 hectare at Village Urjharu, Tahsil Ashoknagar or in the alternative, a refund of a sum of Rs.1.00 Lac from the defendant. Trial Court has decreed the suit and directed the defendant (present appellant) to refund a sum of Rs.1.00 Lac with interest @ 12 % per annum and also bear the costs of litigation as was incurred by the plaintiff. The suit against the defendant No.2 was dismissed as not maintainable. In this backdrop, this first appeal has been filed.

(3.) The case of the plaintiff before the trial Court was that he had entered into an agreement for sale Ex.P-1 dated 12.7.1996 and in this agreement to sell, defendant No.1 Ramjilal had agreed to sell 1/3rd of his share in Survey Number 102 measuring 3.962 hectares and 1/3rd share in Survey No.101 measuring 1.557 hectare. He had represented that since he is karta-dharta of his family, therefore, he has authority to execute the said agreement, and sale of such parcel of land was agreed to be made for a consideration of Rs.1.00 Lac. It is also mentioned that he had received a sum of Rs.85,000/- in cash and remaining amount shall be received by him at the time of Registry. This agreement also has a handwritten endorsement dated 9.1.1997, wherein it is mentioned that Ramjilal Son of Devi Prasad had obtained a sum of Rs. 15,000/-from Dr. Prem Arora. On the basis of such agreement, the plaintiff has claimed his right to get the decree of specific performance of the agreement and accordingly filed the suit