JAGDISH CHANDRA DWIVEDI Vs. KAMLRANI

JUDGEMENT

(1.) THIS appeal has been filed by the appellants who are defendants 1 to 3 before the trial Court, against the judgment and decree dated 8/7/1997 passed by 9th Additional Judge to the Court of District Judge, Jabalpur in Civil suit No. 92-A/95 whereby learned trial Court decreed the suit of respondent/plaintiff for specific performance of contract on the basis of an agreement executed on 22/12/1979 (Ex. P/3) by appellants 1 and 2 in favour of respondent and declared the sale deed dated 30/3/1981 (Ex. D/6) executed by appellants 1 and 2 in favour of appellant No. 3 as null and void. The trial court also granted a decree of possession of the bath room shown as "b" in the plaint map, from appellant No. 3/defendant No. 3.

(2.) THE plaintiff had brought a suit for specific performance of contract for sale of suit house No. 708 situated at Marhatal Ward, Rashid Ganj, Jabalpur on the basis of an agreement dated 22/12/1979 (Ex. P/3/d-1) entered with her by defendants 1 and 2.

(3.) AS per agreement dated 22/12/1979, out of total consideration of rs. 55,000/- a sum of Rs. 5,000/- was paid on the date of agreement and rest of Rs. 50,000/- was to be paid at the time of registration of the sale deed. As per terms of the agreement, the vacant possession of the house agreed to be sold, shall be delivered by defendants 1 and 2 to the plaintiff. They shall close the door by raising the partition wall in between House No. 708 and 709, Marhatal, Jabalpur. This partition wall shall be constructed by defendants 1 and 2 in the Courtyard of House No. 708 separating the courtyard from the adjoining passage portion where wall was to be constructed, is shown by letters 'x' and 'y' in the plaint map. The said construction shall be made before execution and registration of the sale deed in favour of the plaintiff. Defendants 1 and 2 shall apply to the competent authority, Jabalpur under the Urban Ceiling Act, 1976 for obtaining requisite permission for sale of the above stated house in favour of the plaintiff and after obtaining the requisite permission shall intimate the plaintiff about it by registered post. On receipt of the information, the plaintiff shall get the sale deed executed from defendants 1 and 2 within two months therefrom. In case of failure of the defendants 1 and 2 to perform their part of aforesaid contract, the plaintiff shall be entitled to seek specific performance of the contract through Court and in that event costs of the suit and damages shall be the liability of defendants 1 and 2 and the plaintiff shall be entitled to deduct the same from the balance of the sale consideration. On 11/1/1980, respondent/plaintiff paid a sum of Rs. 7500/-to the defendants 1 and 2 towards part payment of the balance of the sale consideration and the further balance of Rs. 42,500/- was agreed to be paid at the time of execution and registration of the sale deed.