BANWARI LAL Vs. SMT. DHANPATI AND OTHERS

JUDGEMENT

(1.) Banwari Lal-plaintiff has filed the instant second appeal.

(2.) Suit was filed by plaintiff-appellant against Sundra-defendant (since deceased and represented by respondents as his legal heirs). The plaintiff alleged that the defendant agreed to sell the suit land measuring 24 kanals to the plaintiff for Rs. 10,000/- and received Rs. 3,000/- as earnest money and executed agreement dated 22.11.1976. Sale deed was to be executed upto 22.02.1977. The plaintiff thereafter paid Rs. 3,000/- to the defendant on 23.12.1976. The defendant executed second agreement dated 23.02.1977 and received further amount of Rs. 2,400/- and agreed to execute the sale deed upto 27.03.1977 on payment of balance sale price of Rs. 1,600/-. However, the defendant again expressed his inability to execute the sale deed. Consequently, third agreement to sell dated 07.11.1977 was entered into and the balance sale consideration of Rs. 1,600/- was also paid to the defendant at that time. In that agreement, the defendant admitted the previous two agreements dated 22.11.1976 and 23.02.1977. Sale deed was agreed to be executed upto 07.11.1978. However, the defendant committed breach of the agreement, although the plaintiff has always been ready and willing to perform his part of the contract. Accordingly, the plaintiff sought possession of the suit land by specific performance of the aforesaid agreements and in the alternative, recovery of Rs. 12,400/-paid by the plaintiff to the defendant was sought along with interest and costs of the suit.

(3.) The defendant admitted that he had executed agreement dated 22.11.1976 for sale of the suit land in favour of the plaintiff. The defendant pleaded that the plaintiff did not have sufficient money and, therefore, he failed to get the sale deed executed and registered upto 22.02.1977 as stipulated in the agreement. Consequently, earnest money paid by the plaintiff was liable to be forfeited. However, on plaintiffs request, the defendant executed the second agreement dated 23.02.1977 extending the date of sale deed upto 27.03.1977, but still the plaintiff failed to pay the balance sale consideration and, therefore, the agreements stood cancelled arid the earnest money stood forfeited on 27.03.1977. There was no breach of contract on the part of the defendant. Agreement dated 07.11.1977 was for mortgage of the suit land with possession in favour of the plaintiff for Rs. 4000/-, but the plaintiff did not pay the mortgage amount and, therefore, the mortgage deed could not be executed and registered. Various other pleas were also raised.