ROSHAN Vs. MISRAJ KUNWAR

JUDGEMENT

(1.) This appeal has been filed by the plaintiff being aggrieved by dismissal of the suit filed for the relief of specific performance of contract dated 13.10.89 vide order judgment dated 10.02.2000 passed by District Judge, Indore in Civil Suit No.110-A/1999.

(2.) The defendant nos.1 to 4 are owner of house No.75 (New number 87) Shitlamata Bazar, (Shekhawat Market) Indore. In the ground floor shop was in possession of the tenant viz Firm Mahendra Kumar Rajkamal and later on, sold to defendant nos.5 to 6 vide registered sale deed dated 10.02.1992 and possession was handed over. Plaintiff no.2 entered into an agreement dated 13.10.1989 with the defendant nos.1 to 4 for the sale of shop (private No.16) situated in ground floor of house No.75 (New number 87) Shitlamata Bazar, (Shekhawat Market) Indore (here in after referred as 'suit shop') in Rs.95,000/-. As per the agreement dated 13.10.89, an amount of Rs.30,000/- was paid. Later on vide agreement dated 05.02.1992, plaintiff no.2 has agreed to sale above suit shop to the plaintiff no.1 in Rs.21,151/- . Thereafter, plaintiff no.1 came to know that defendant nos.1 to 4 are intending to sale the suit shop and denied the execution of sale deed with him. According to the plaintiffs, the defendants have extended the period of payment for two years vide agreement dated 25.02.1990, but sold the suit shop on 10.02.1992 to the defendant nos.6 and 7 (during pendency of the suit changed as Defendant nos.5 and 6 and hereinafter referred to as "defendant nos.5 and 6) which gave the cause of action for filing the suit for specific performance of contract and cancellation of the sale deed.

(3.) Plaintiff no.2 was initially impleaded as defendant no.5, in the suit thereafter, vide order dated 14.08.1996, he was transposed as plaintiff no.2. After receipt of summons, only defendant no.5 to 6 have contested the suit by submitting that they are bonafide purchaser of the shop by virtue of registered sale deed dated 10.02.1992 and they had no knowledge about any agreement to sale between the plaintiff and defendant nos.1 to 4.