MADAN LAL Vs. RUPA RAM

JUDGEMENT

(1.) Defendant-Appellant is in the regular second appeal against the judgment and decree passed by learned first appellate court reversing the discretion exercised by the learned trial Court under Section 20 of the Specific Relief Act, 1963.

(2.) Following substantial question of law arises in the present case:-

(3.) Undisputed facts are that the defendant-appellant was owner of the agricultural land situated in a village. He entered into an agreement to sell with Iqbal Singh and Rupa Ram (plaintiff in the present case) on 08. 01. 1983, 9/10th share of total land measuring 41 bighas and 0 biswas was agreed to be sold at the rate of Rs. 9,000/- per acre. Iqbal Singh contributed Rs. 3,000/- as earnest money whereas Rupa Ram contributed Rs. 2,000/- as earnest money. As per agreement to sell, sale deed with respect to half share of the land was agreed to be sold was to be executed on 30. 06. 1983 whereas remaining half share was to be executed on 31. 12. 198 It is not in dispute that Iqbal Singh in the meantime died and the defendant-appellant executed the sale deeds with respect to the share of Iqbal Singh on 21. 06. 1983 and 16. 01. 1984. However, with respect to Rupa Ram, the plaintiff, a new agreement to sell was executed on 16. 01. 1984 with respect to land measuring 18 bighas and 9 biswas at the rate of Rs. 9,000/- per acre as earlier agreed. It is specifically recorded in the agreement dated 16. 01. 1984 that earnest money paid under the previous agreement to sell dated 8. 1. 1983 by Rupa Ram stands forfeited. A new agreement is being executed only as a goodwill gesture due to the pressure exerted by the respectables. The target date for execution and registration of sale deed has been fixed as 30. 06. 1984 and in no case it will be extended. It was further provided that Rupa Ram cannot get the sale deed executed in the name of anyone else except himself or his sons.