MUNICIPAL COUNCIL JAIPUR Vs. SETH HAMEER MAL GOLECHA

JUDGEMENT

(1.) This intra-court appeal is directed against order of Single Bench dated 5 th August, 1986, whereby S.B. Civil First Appeal No.211/1972 filed by plaintiff/appellant has been dismissed in view of finding on Issue No.5.

(2.) Facts of the case, in brief, are that on 26 th October, 1963, the plaintiff/appellant filed a suit for specific performance in the Court of District Judge, Jaipur City against defendants Nos. 1 to 8, wherein was pleaded that Seth Shri Ghanshyam Das Ji Birla visited Jaipur in August, 1959 and on that occasion inspired by the feelings that Municipal Council, Jaipur had no Town Hall, he offered to donate a good amount of Rs.10 Lacs for the construction of the same, provided Municipal Council, Jaipur could make available a suitable site at a prominent place in the city of Jaipur for its due construction. With the above aim, the Administrator, Municipal Council, Jaipur and Chairman, Urban Improvement Board, Jaipur approved the property belonging to Seth Hamir Mal Golecha - defendant no.1, situated on Sir Mirza Ismail Road, Jaipur, just opposite Government Hostel, Jaipur, as appropriate site for the proposed town hall. This property consisted of the plot of land with construction over it bounded on all sides by compound walls. The land was known as Aaloo Factory. The particulars of the property were described in Schedule-A appended with the plaint. The measurement of the property was described as 440 ft. towards east-west and 397 ft. towards north to south. The said property was originally belonging to Raja Govind Singh Ji S/o Raja Sawai Madho Singh Ji of Jaipur, but by sale-deed dated 6 th March, 1959 registered on 2 nd December, 1959, it was purchased by defendant No.1 Seth Hamir Mal Golecha. The then Administrator entered into an agreement with defendant No.1 for the purchase of said property for a consideration of Rs. 1,57,000/- and the cost of Malwa of the construction (structure) on the said land at the value to be assessed by the PWD, Jaipur. But it was stipulated that in no case cost of Malwa will be more than Rs.23,000/-. Accordingly, an agreement was executed on 29 th October, 1960 by defendant No.1 in favour of Municipal Council, Jaipur City through its Administrator. The terms and conditions of the agreement (Ex.1) were incorporated in para 4 of the plaint, which are reproduced as under:-

(3.) The plaintiff paid a sum of Rs. 30,000/- through cheque on 29 th October, 1960 as agreed. The remaining amount was to be paid within 1 months. However, defendant No.1 approached the Administrator, Municipal Council on 16 th December, 1960 and prayed that he may be paid Rs.30,000/- more as advance against the balance amount of the sale price and also to extend the time for the execution and registration of the sale deed by further one month. The Administrator allowed the prayer of defendant No.1 and further made payment of Rs.30,000/- on 16.12.1960 through cheque and also agreed to grant required extension in time. The defendant No.1 took no steps to have the sale deed prepared and duly executed for presentation before the Sub Registrar for registration and under one plea or the other, kept postponing the matter and continued demanding more and more advance payments from time to time. Although the plaintiff under the terms settled, was not bound to make the further advance payments, reposing full confidence in the assurances given and bonafides of defendant No.1 and under the hope that the sale deed will be executed and got registered by the defendant No.1 continued to make payments as and when demanded. The details of subsequent payments of Rs. 1,14,500/- in addition to Rs.60,000/- as mentioned above were given in Para 8 of the plaint, which are reproduced as under:- <FRM>JUDGEMENT_2848_RAJLW3_2012_1.html</FRM>