PRADEEP KUMAR Vs. GWALIOR IMPROVEMENT TRUST

JUDGEMENT

(1.) THIS is second appeal preferred by the plaintiff against the judgment and decree passed by the Additional District Judge, Gwalior, whereby the suit pertaining to specific performance of agreement for sale has been dismissed and the matter has been remanded for deciding other issues including the issue whether the plaintiff can get refund of the amount of sale price deposited with the respondent Trust.

(2.) THE facts so far as they are material for purposes of disposal of this appeal are that on 14-12-1961 the defendant-respondent Trust entered into an agreement for sale of a plot of land in favour of the plaintiff. The suit for specific performance of sale was instituted on 5-4-1971. The trial court dismissed the suit, aggrieved by which the plaintiff preferred appeal. The appellate court relying on 1968 Jab LJ 798: (AIR 1968 Madh Pra 150) (Ramchandra v. Manikchand) held that on the date of entering into agreement for sale i. e. on 14-12-1961 the plaintiff was a minor. Therefore, he had no right to enforce the agreement for sale. It was hit by the doctrine, of 'mutuality. ' For want of mutuality, the plaintiff could not be allowed to enforce the agreement for sale. In this view of the matter, the learned A. D. J. dismissed the suit so far as specific performance of agreement for sale was concerned, but remanded the case so far as the consideration of plaintiff's right to other reliefs was concerned.

(3.) AGGRIEVED by this judgment and decree pertaining to dismissal of the suit for specific performance of agreement for sale, this appeal has been filed.