SADIK MIAN Vs. RAM DHEYAN HAJAM

JUDGEMENT

(1.) THIS appeal by the defendants second party, the purchasers of the suit property, arises out of a suit for specific performance of contract.

(2.) ACCORDING to the plaintiff's case, as set out in the plaint, he entered into an agreement with the defendants first party for the purchase of 3.83 acres of land for Rs. 12,206/- on 17th May, 1968. Since the plaintiff did not possess the requisite amount and permission of the Consolidation Officer was also necessary, the execution of the sale deed was deferred. However, a Mahadnama was executed to that effect and Rs. 4000/- was paid in part performance of the agreement. As per the terms of the agreement, the defendants first party were required to execute the sale deed after receipt of the balance consideration money by 15th June, 1969. A registered notice through an advocate was served on the defendants first party but they had, in the mean-time, executed sale deed with respect to the land in question in favour of the defendants second party. ACCORDING to the plaintiff, however, the said transaction, was farzi. The plaintiff also averred that they were ready to perform their part of the contract but the defendants first party were not ready and willing to execute the sale deed after receipt of the balance consideration money.

(3.) THE trial court on the pleadings of the parties framed, inter alia, the following issues: