GENERAL SALES LIMITED Vs. JAGDISH RANA

JUDGEMENT

(1.) In the present suit for specific performance, the plaintiffs have sought the following relief(s):-

(2.) Admitted Facts. The defendant is the owner of the pro-perty known as The Peak in village Mashobra, Pargana Showhawali, Tehsil and District Shimla, comprising of land measuring 65 bighas 14 biswas in khewat/khatauni No. 83 min/102, and khasra Nos. 194, 195, 196, 197, 198, 199, 200, 201, 202, 203, 204 and 205 along with plants, trees, a bungalow, out-houses and buildings therein as detailed in the jamabandi for the year 1984-85. He on 28-9-1990 vide an agreement (Ex. PW 2/A) agreed to sell about 45,000 sqr. yds. out of the above said land as delineated in the contour site plan Ex. PW 2/B annexed to the agreement, along with building therein for a total consideration of Rs. 1,10,00,000/-, that is, at the rate of Rs. 200/- per sqr. yds. for the land along with plants and trees therein and Rs. 20,00,000/- for the buildings therein. A sum of Rs. 25,00,000/- was paid to and received by the defendant by way of bank drafts at the time of agreement as earnest money. Vide this agreement, it was, inter alia, agreed between the parties as under :-

(3.) The original agreement dated 28-9-1990 (Ex. PW-2/A) was subsequently modified vide an addendum dated 20-10-1999 (Ex. PW 2/C) whereby the area agreed to be sold was fixed at 50 bighas 14 biswas, equivalent to 45,630 sq. yards comprising of khasra Nos. 194, 195 (min), 196, 197, 198, 199 min. 200, 201, 202, 203, 204 and 205 (min) in Khewat No. 83 min. The total sale consideration was fixed at Rupees 1,11,26,000/-. Other terms and conditions of the agreement dated 28-9-1990 (Ex. PW2/A) remained the same.