JAYANTI DEVI Vs. PRABHA BHAGRA

JUDGEMENT

(1.) PRESENT Regular First Appeal is directed against the judgment and decree, dated 28th September, 2005, of learned District Judge, Shimla, whereby suit for specific performance, based on agreement dated 1st July, 1995, filed by respondent Prabha Bhagra, hereinafter called plaintiff, against the present appellants, who shall hereinafter be referred to as defendants, has been decreed and a direction has been issued to the defendants to execute the sale deed, in respect of land described in the said agreement to sell, in favour of the plaintiff, on receipt of a sum of Rs. 1,50,000/ -, on account of balance sale consideration, within a period of 45 days from the date of the passing of the decree.

(2.) FACTS , relevant for the disposal of the appeal, may be noticed. Plaintiff Prabha Bhagra filed a suit for specific performance of agreement to sell dated 1st July, 1995, as renewed vide endorsement dated 30th June, 1996, and also for damages to the tune of Rs. 50,000/ -, against the defendants, pleading the following cause of action. Late Shri Ran Vijay Singh, the predecessor -in -interest of the defendants, owned land measuring 3 bighas, bearing Khasra No. 41/3, situate in Mauza Sadhora, Pargana Kuthangi, Tehsil and District Shimla, as per entry in the Jamabandi for the year 1985 -86. Out of this land, he sold 2 bighas land to the plaintiff for a consideration of Rs. 4,25,000/ -, in the year 1991, vide sale deed Ex. PW -7/A. At the time of the sale of this land, fate Shri Ran Vijay Singh promised and assured that the plaintiff would be allowed to have access to the land sold to her, through Khasra No. 42, which also belonged to him. However, lateron he started objecting to the plaintiff passing through Khasra No. 42. Plaintiff then approached late Shri Ran Vijay Singh to sell a portion of Khasra No. 42, which could be used by her as a passage. Agreement was entered into on 30th July, 1994, per which 1 biswa land was agreed to be sold by late Shri Ran Vijay Singh, for Rs. 25,000/ -, to the plaintiff, out of Khasra No. 42. Copy of the agreement is Ex. PW -l/A. Thereafter, another agreement, dated 1st July, 1995, Ex. PW -2/A, took place between late Shri Ran Vijay Singh and the plaintiff. As per this agreement late Shri Ran Vijay Singh agreed to sell entire area of Khasra No. 42, measuring 18 biswas and also Khasra No. 249/44, measuring 12 biswas, for a consideration of Rs. 4,50,000/ -. He received a sum of Rs. 1,10,000/ -, at the time of execution of the agreement. It was agreed that the remaining sale consideration would be paid at the time of the execution and registration of the sale deed, which was to be executed and registered within one year from the date of execution of Ex. PW -2/A, i.e. 1st July, 1995.

(3.) LATE Shri Ran Vijay Singh died in January, 1997, before the expiry of the extended time, for execution of the sale deed. After his death, defendants were approached to execute the sale deed, but they dillydallied. A written notice Ex. PW -2/D was served upon appellant -defendant Prabha Singh, on 28th March, 1997. She responded to the notice vide reply Ex. PW -2/H, in which she denied that late Shri Ran Vijay Singh had executed any agreement dated 1st July, 1995 or that such an agreement was renewed vide endorsement dated 30th June, 1996. Defendants required the plaintiff to supply copies of the documents. Receipt of money, referred to in the notice, was also denied. Thereafter, another notice dated 8th July, 1997, Ex. PW -2/E was issued and copies of the agreement, the endorsement and the receipt were supplied, along with this notice. Defendants thereafter did not respond.