LATE LAJPAT RAI Vs. LATE JORAWAR SINGH

JUDGEMENT

(1.) This civil first appeal was initially filed by defendant late Lajpat Rai under Section 96 of the Code of Civil Procedure against judgment and decree dated 4.2.1986 passed by Addl. District Judge, Bhilwara in Civil Original Suit No. 1/81 (36/79), whereby, learned trial Judge decreed the suit of the plaintiff-respondent for specific performance of contract.

(2.) The above appeal was filed by late Lajpat Rai against plaintiff late Jarawar Singh and, on the date of filing the appeal, both the parties were alive; but, during the pendency of this appeal, both appellant and respondent died. Due to death of original plaintiff-respondent Jorawar Singh on 10.7.1998 his legal representatives were taken on record vide order dated 16.3.1999. Similarly, defendant-appellant Lajpat Rai also died and vide order dated 15.3.1997, legal representatives of defendant-appellant were taken on record. Thereafter, necessary amended cause-title has been filed.

(3.) According to facts of the case, plaintiff-respondent late Jorawar Singh filed suit for specific performance of contract in the Court of District Judge, Bhilwara stating therein that defendant-appellant Lajpat Rai entered into an agreement with him for sale of his house situated in Ward No. 8 Sindhu Nagar Colony,Bhilwara for a sum of Rs. 2,20,001/- on 3.11.1978 and he has paid a sum of Rs.15,001/- to the defendant as earnest money. As per terms of the agreement, the sale deed was required to be executed within three months from the date of execution of the agreement, the sale-deed was to be made in two parts- one for the first floor and, another, for the second floor which was in possession of one Asan Das Sindhi, a mortgagee.