LILAWATI Vs. FIRM RAM DHARI SURAJ BHAN

JUDGEMENT

(1.) THE single question for determination in this appeal of the plaintiff is whether after a vendor has made an absolute sale of property he can enforce the payment of the sum of rent from the vendee?

(2.) THE plaintiff Lilawati sold about 100 plots in village Pillu Khera in Jind Tehsil, the object being to start a Mandi there. The defendant-respondents M/s. Ram Dhari Suraj Bhan purchased plot No. 70 for Rs. 99/- in pursuance of the sale-deed Exhibit P. 1 of 20th of April, 1958. Although the sale was absolute, some conditions were introduced, on of these being that a sum of two annas in every hundred rupees would be paid as haqe malkana to the vendor. Out of this sum of two annas, one anna was to be given to the village Panchayat and the remainder one anna was to be retained by the vendor Lilawati. It is not necessary to go into the other conditions which required the vendee to construct a shop on the plot sold to him and to keep a frontage for purposes of the shop. The defendants having refused to comply with the direction for payment of haqe malkana, the plaintiff brought a suit for rendition of accounts to enforce the condition.

(3.) THE pleadings of the parties gave raise to many issues but out of them issue No. 3 is only relevant for purposes of this appeal: