MAN MOHAN GUPTA Vs. SMT. RASHEEDA BEGUM

JUDGEMENT

(1.) This is defendant's First Appeal under Sec. 96 of the Civil Procedure Code. The judgment delivered in this appeal shall also govern the disposal of the connected First Appeal No. 12 of 1985 'Smt. Rasheeda Begum Vs. Man Mohan Gupta, filed by the plaintiff.

(2.) Short facts leading to this appeal are as under: Mst. Rasheeda Begum brought an action against Man Mohan Gupta for specific performance of the contract dated 1-7-1978. According to her Man Mohan Gupta had to execute sale-deed in respect of the House No. 72, as described in para 1 of the plaint, on Mst. Rasheeda Begum's paying the remaining amount of Rs. 19,500.00 and for possession of the house. Alternatively, it was prayed that Rs. 24,500.00 be awarded as damages. The case as set out in the plaint is that on 1-7-1978 vide Ex. P.1, an agreement was arrived at between the parties that the house in question will be sold to Mst. Rasheeda Begum for a consideration of Rs. 24,500.00, out of which Rs. 5000.00 was paid towards earnest money and it was agreed that Rs. 10,000.00 shall be paid on 31-11-1978 and the remaining amount of Rs. 9500.00 shall be paid at the time of registration. However, it was further agreed that the house in question, though ancestral property, yet it is recorded in the names of minors Rajesh and Ku. Abha, therefore, Man Mohan Gupta shall also apply under Sec. 8 of the Hindu Minority and Guardianship Act for obtaining requisite permission to sell minors' share in the suit house, and after obtaining the same, registration would be effected in favour of Mst. Rasheeda Begum. It is also agreed that within a year after obtaining necessary permission, he (defendant) shall execute the sale-deed in favour of the plaintiff Mst. Rasheeda Begum and if Rasheeda Begum failed to get the sale-deed executed in her favour, she will forfeit Rs. 5000.00. It was also agreed that one year period may be extended if necessary permission is not granted by the District Judge.

(3.) On 15-11-1978 Mst. Rasheeda Begum sent a notice to Man Mohan Gupta calling him upon to perform his part of contract as per terms of Ex. P.l, but Man Mohan Gupta repudiated the contract in question by his reply dated 1-5-1979 stating that Rasheeda Begum was guilty of gross unreasonable delay in performing her part of the contract as she did not pay Rs. 10,000.00 in accordance with Gause (2) of the agreement to Man Mohan Gupta. Therefore, according to Gause (5) of the agreement the earnest money received by Man Mohan Gupta, i.e. Rs. 5000.00 shall stand forfeited. It is further submitted that since time was essence of the contract and Rasheeda Begum was not ready and willing to perform the contract, she is not entitled for any claim. The written-statement is also based on the same lines.