RAJA BHAIYA Vs. BADAL SINGH

JUDGEMENT

(1.) This Second Appeal under Section 100 of CPC has been filed against the judgment and decree dated 15-2-2001 passed by Additional District Judge, Mungawali, District Guna in Civil Appeal No. 11A/1999, thereby setting aside the judgment and decree dated 3-2-1999 passed by Civil Judge Class-I, Mungawali, District Guna in Civil Suit No. 5A/1995.

(2.) This appeal was admitted on following Substantial Questions of Law :

(3.) The necessary facts for the disposal of the present appeal in short are that appellants/plaintiffs filed a suit for specific performance of contract. It was their case that the defendant no.1/respondent no.1 is the owner and in possession of agricultural land bearing Khasra No.353:1 area 3.135 hectares of land situated in village Ruhana Pargana Mungawali, District Guna. On 30-3-1994, he entered into an agreement to sell the said land for a consideration amount of Rs. 50,000/- out of which an amount of Rs. 40,000/- was paid and it was agreed that the remaining amount of Rs. 10,000/- would be paid at the time of execution of sale deed. Since, the rin pustika as well as the name of the respondent No.1 was not mutated in the revenue records, therefore, the sale deed could not be executed on 30-3-1994, however, the possession of the land was handed over to the plaintiffs, and they are in possession of the same. The plaintiffs had requested the respondent no.1 and had also sent registered notice, to execute the sale deed, after taking the remaining amount, but the respondent No.1 did not perform his part of contract. The plaintiffs are still ready and willing to perform their part of contract. Accordingly, the suit was filed.