ATMA RAM Vs. PALAS RAM AND ANR.

JUDGEMENT

(1.) The Plaintiff -Respondent preferred a suit for specific performance of the contract dated 24th November, 1977, which the Defendant -Appellant executed in his favour. It has been pleaded in the plaint that on 24th November, 1977 the Plaintiff transferred the suit land in favour of the Defendant through a registered sale deed (Ex.PA) for a sum of Rs. 3,500/ - and on that very day an agreement was executed by the Defendant in favour of the Plaintiff whereby it was agreed that the Plaintiff shall have the right to re -purchase the suit land from the Defendant for a sum of Rs. 3,500/ - within fifteen years of the said date. According to the Plaintiff, within the aforesaid stipulated period he asked the Defendant to receive the said amount of Rs. 3,500/ - and re -convey the suit land to him, as agreed, but the Defendant did not accede to that request. Hence, the suit for specific performance was filed.

(2.) The Defendant -Appellant in his written statement denied the execution of the agreement for re -sale of the land in favour of the Plaintiff. It was also pleaded that agreement as it stood was not legally operative and was void. According to the Defendant -Appellant, he had spent Rs. 1,500/ - on the improvement and was therefore, entitled to get the same besides the alleged sale consideration, in case the suit of the Plaintiff was to be decreed.

(3.) The parties were put to trial on following issues by the trial court: