SAMEY SINGH Vs. RAVI DUTT

JUDGEMENT

(1.) The question of law involved in this appeal is as to "whether as per Rule 18(2) of the Government Employees (Conduct) Rules, 1966, it is incumbent upon the government servant to obtain sanction or only intimation is required to be given to the prescribed authority before purchasing immovable property"?

(2.) The plaintiff has come up in appeal against the judgment and decree of the lower Appellate Court by which he has been held entitled to a decree of recovery of Rs. 20,000/- as damages from the defendant with future interest @ 6% per annum from the date of decree of the Trial Court dated 31.10.1992 till realization. He has also been held entitled to proportionate cost of this amount throughout.

(3.) The case set up by the plaintiff is that he along with his brother Randhir Singh, Rajbir Singh and Rajesh Kumar entered into an agreement to sell dated 22.07.1986 of the land measuring 19 Kanals 05 Marlas, situated in village Murad Nagar, at the rate of Rs. 27,500/- per acre. The said land was already mortgaged with the plaintiff and his brothers for a sum of Rs. 36,000/-. The defendant obtained a sum of Rs. 10,000/- at the time of agreement and the balance amount was to be paid at the time of execution and registration of the sale deed on 11.06.1987.