LT. COLONEL JASWANT SINGH Vs. DALJIT SINGH

JUDGEMENT

(1.) This is second appeal by defendant No. 2, Lt. Col. Jaswant Singh against the judgments and decrees of Sub-Judge, Amritsar, and Additional District Judge, Amritsar.

(2.) Plaintiff Daljit Singh filed a civil suit for specific performance on 24.10.1980 in the Court of Sub-Judge, Ist Class, Amritsar, against (i) Improvement Trust, Amritsar (since dissolved and now represented by the Commissioner, Municipal Corporation, Amritsar), (ii) Lt. Col. Jaswant Singh, and (iii) Sukhdev Singh. Plaintiff sought specific performance of agreement dated 25.8.1970 in respect of a residential plot of land, No. 119, Green Avenue, Amritsar. During the course of trial, the learned Sub Judge passed an order on 4.6.1981 directing the parties to keep the property in status quo condition regarding possession, construction and transfer. Issues were framed and evidence of the parties was recorded. The suit was decreed on 3.11.1987. In appeal, filed by defendant No. 2, the judgment and decree of the trial Court were affirmed by Additional District Judge, Amritsar, on 23.4.1990.

(3.) Plaintiff's case before the trial Court was that Improvement Trust, Amritsar, framed a development scheme, commonly known as 'Green Avenue Scheme' and carved out plots of land for allotment to the defence personnel. Defendant No. 2 filed an application dated 14.7.1964 for the allotment of a plot under the said scheme and paid a sum of Rs. 500.00 as earnest money. Improvement Trust, Amritsar, informed the defendant to agree to certain conditions as mentioned in its letter dated 29.7.1964. Defendant No. 2 agreed to the conditions and thereupon plot No. 119, measuring 500 square yards, was allotted to him by letter dated 25.5.1965. The defendant was asked by the Improvement Trust, Amritsar, by letter dated 2.7.1970, to deposit a sum of Rs. 1300.00 and also to execute a formal agreement of sale. Defendant No. 2 deposited the said amount on 21.8.1970. An agreement was executed on 25.8.1970 in Form 'D' where under defendant No. 2 agreed to purchase one residential plot measuring 500 square yards at the rate of Rs. 16.20 per square yard for a total sum of Rs, 8100.00. The balance amount was to be paid in instalments with interest at the rate of 7.5 per cent per annum. The plaintiff's case, as put forward in the trial Court, was that defendant No. 2, by his letter 18.6.1970, offered to sell the said plot to him on the same terms as were specified by the Improvement Trust. Defendant No. 2 wanted the plaintiff to pay him Rs. 2700.00 which had been already paid by that time by defendant No. 2 to the Improvement Trust, Amritsar, as part payment of the price of land. Thereafter, defendant No. 2 sent two more letters to the plaintiff, permitting the transfer of the plot in the plaintiff's name from the Improvement Trust. The plaintiff agreed to the terms offered by the defendant and paid a sum of Rs. 3000.00 to him. Thereafter, the plaintiff paid, in instalments, a total sum of Rs. 8587.47 to the Improvement Trust. Defendant No. 2 also sent two stamped papers to the plaintiff for the purpose of executing an agreement in respect of the transfer of land. Defendant No. 2 also moved the Improvement Trust for the transfer of the land but the request was declined on the ground that no transfer of land was permissible before the expiry of ten years from the date of agreement. Defendant No. 2 withdrew his offer and showed inability to the plaintiff for transferring the land.