PREM CHAND Vs. JAI SINGH

JUDGEMENT

(1.) The plaintiff's suit for rendition, of, a decree for specific performance of agreement to sell, stood decreed, by the learned trial Court. The aggrieved defendants, preferred, the apt first appeal before the learned First Appellate Court, and, upon Civil Appeal No. 91 of 1999/RBT 302 of 2004, the learned First Appellate Court, hence while modified the primary decree rendered by the learned trial Court, and, rather proceeded to render a decree, vis-a-vis, the plaintiff, qua his being entitled for a recovery of sum of Rs.25,680.00, i.e. Rs.10680.00 + Rs.15,000.00 as damages, along with, interest at the rate of 6% per annum, commencing from the date of the suit, till its realization. The plaintiff/appellant herein hence being aggrieved therefrom, has, instituted the instant appeal before this Court.

(2.) Briefly stated the facts of the case are that the defendants' predecessor-in-interest, one Johanda Ram, was owner in possession of the suit land as described in para No.1 of the plaint, and had entered into an agreement to sell, on 13.05.1992 in respect of the part of the land measuring 6K-2M, for total sale consideration of Rs.39,000.00. The sale could not be executed on 13.5.1992 as Treasury Officer was not available. Therefore, the agreement was executed and sale deed was to be executed after 14.5.1992. The plaintiff had deposited amount of Rs.10,680.00 with Sub Treasury, Bhoranj for procuring stamp for writing the sale deed. This amount was to be considered as a part payment towards the sale out of total consideration of Rs.39,000.00. Inspite of notice and numerous requests, the defendants' predecessor-in-interest did not execute the sale deed. In the event of refusal to execute the sale deed, the plaintiff was entitled to refund the amount of Rs.10,680.00 along with Rs.15,000.00 and costs of litigation. Hence, on these averments decree for specific performance of the contract and in alternative, if plaintiff is not found entitled to specific performance due to any legal or formal defect, then a decree for recovery of Rs.10,680.00 along with damages of Rs.15,000.00 as per agreement and interest has been prayed for.

(3.) The defendants contested the suit and filed written statement, wherein, the defence of the predecessor-in-interest, of the defendants was that as a matter of fact land was agreed to be sold 5 kanals at the rate of Rs.20,000.00 per kanal. The predecessor-in-interest of the defendant being uneducated and rustic villager and due to his old age, put thumb impression on certain papers, which had later on been forged. It was denied that the amount deposited for purchase of stamp was the earnest money or the part payment. The defendants' predecessor-in-interest had agreed to sell 5 Kanals at the rate of Rs.20,000.00 per Kanal, which even now he is ready to execute the sale deed.