RATAN & ORS. Vs. KRIPARAM & ORS.

JUDGEMENT

(1.) THE appellants [hereinafter referred to as "the defendants"] have filed this appeal being aggrieved by judgment and decree dated 30.10.1999 passed in Civil Suit No.16-A/1999 by First Additional District Judge, Ujjain by which the suit filed by the Respondents [hereinafter referred to as "the plaintiffs"] has been decreed in respect of specific performance of contract.

(2.) The defendants being the owner of land Survey No.319 area 9 hectares 051 Aare situated at Village Kharsod Khurd, Tehsil Badnagar, District Ujjain [hereinafter referred to as "the suit land"] had agreed to sell the same to the plaintiffs by written agreement dated 14.05.1980 in total consideration of Rs.34,000-00. As an advance Rs.16,000-00 was paid to the defendants and Rs.5,000-00 in addition received for re-payment of the Bank loan and land revenue. As per agreement, remaining amount of Rs.13,000-00 was agreed to be paid after obtaining necessary sanction from the Collector under Section 165 (6) of the M. P. Land Revenue Code, 1959 [in brief "the Code of 1959"]. The defendants had obtained the said permission from the Collector on 07.03.1981. The plaintiffs were always ready and willing to pay the remaining amount of sale consideration for execution of the sale-deed and for which they served a notice dated 14.05.1980 to the defendants. Despite receipt of the said notice, the defendants did not execute the sale-deed, hence the plaintiffs filed the suit for specific performance of contract.

(3.) By way of written-statement, the defendant has denied the execution of the agreement for the sale of the suit land. He submitted that the plaintiff was engaged in the business of money lending and he obtained his thumb impression on blank paper and got prepared the agreement to sell. The defendant belongs to the tribal community which is a weaker section of the society, therefore, they are protected under the Madhya Pradesh Samaj Ke Kamjor Vargon Ke Krishi Bhumi-Dharakon Ka Udhar Dene Walon Ke Bhumi Hadapane Sambandhi Kuchakron Se Paritran Tatha Mukti Adhiniyam, 1976. Therefore, the Civil Court is not having jurisdiction to decide the civil suit. By way of special pleading, the defendant further pleaded that in fact an agreement to sell electrical motor; pump; starter and pipe fittings was executed between them in sale of Rs.39,300-00 and Rs.5,000-00 was given and balance amount was agreed to be paid in one month with the condition that if the amount is not paid, the deal would be cancelled.