MAMU Vs. RAMESHWAR DASS

JUDGEMENT

(1.) The present regular second appeal is directed against the concurrent findings of fact, whereby the suit of the appellants-plaintiffs, instead of granting discretionary relief, has been confined to alternative relief of refund of 15,000/- by the trial Court and affirmed in appeal.

(2.) The appellants-plaintiffs sought the specific performance of agreement to sell dtd. 2/2/1977, in respect of suit land with alternative prayer of recovery of 15,000/-. It was alleged that there was a some litigation in Civil Suit No.74 of 1970, filed by the defendants against the plaintiffs for declaration and joint possession, including the land measuring 152 kanals 13 marals. In the aforesaid suit, the parties arrived at a compromise and the suit was decreed and the second suit titled as "Jai Devi V/s Mam Chand etc." filed by the plaintiffs, was dismissed as withdrawn. The defendants, as per the aforementioned compromise, were to be give, 16 kanals of land and in this process, entered into agreement to sell, in question. Since there was a dispute with regard to mutation and time was also not the essence of the agreement and it was stated that as and when mutation would be effected, the sale deed would be executed within a period of one year. The mutation was effected on 13/1/1977. However, the defendants, according to the averments in the plaint, did not come forward, resultantly, the suit was filed on 16/7/1977.

(3.) Since the parties were at variance, the trial Court framed the following issues:-