MIR SALAHUDDIN Vs. KESHO AGRAWAL

JUDGEMENT

(1.) This appeal has been preferred by the plaintiff-appellant against the judgment and decree dated 5th May, 1971 passed by the learned Subordinate Judge, Purnea in Title Suit No. 36 of 1967.

(2.) A suit for specific performance of an agreement dated 3rd March, 1967 was preferred by plaintiff-appellant with respect to lands and the house thereon described at Schedule-'A' to the plaint. The alternative relief for recovery of earnest money amounting to Rs. 2,500/- was also sought for.

(3.) Admittedly, the suit land and house thereon belonged to defendants-Bisheshwar Lal Agarwal and his brother Megh Raj Agarwal, having an area of 0.16 decimal appertaining to R.S. Plot No. 6548 of Khata No. 2453. The plaintiff-appellant alleged that on negotiation, the land-holders Bisheshwar Lal Agarwal and Megh Raj Agarwal entered into an agreement on 2nd March, 1967 for sale of suit property with the plaintiff, which was registered on 3rd March, 1967 on receipt of a sum of Rs. 2,500/- as earnest money. It was agreed between the parties that on payment of balance consideration amount of Rs. 16,000/-, the vendors. Bisheshwar Lal Agarwal and Meghraj Agarwal would execute the sale-deed for the suit properties within a month from the date of receipt of balance amount. Further case of the plaintiff-appellant was that he made several demands from Bisheshwar Lal Agarwal and Meghraj Agarwal to execute the sale-deed, but they did not pay any heed to the request so made and ultimately, the plaintiff came to know that the vendors-Bisheshwar Lal Agarwal and Meghraj Agarwal executed a registered sale-deed with respect to the suit property in favour of Defendant No. 3, Pirthichand Bhagat on 30th March, 1967. The plaintiff-appellant pleaded that on enquiry he learnt that the said sale deed dated 30th March, 1969 executed by vendors-Bisheshwar Lal Agarwal and Meghraj Agarwal, was a collusive document and was made without any consideration. The reference of one Zar-e-beyana deed dated 12th February, 1967 mentioned in the sale-deed was also collusive, ante-dated and without consideration. In fact, no agreement for sale was made between the parties till 3rd March, 1967, the date on negotiation, vendors-Bisheshwar Lal Agarwal and Meghraj Agarwal made agreement for sale of suit property in favour of the plaintiff. It was pleaded that the defendants were bound to execute the sale-deed in favour of the plaintiff-appellant, as he was always ready to perform his part of contract and was still ready for the same.