NARAIN SINGH Vs. DALIP SINGH

JUDGEMENT

(1.) THIS second appeal is by the defendant Narain Singh and it arises out of a suit for specific performance instituted by respondent Dalip Singh.

(2.) BRIEFLY put the facts of the case are that Thakur Sangram Singh divided some of his land into plots for sale for making residential houses and named it as "sangram Colony". The proposed scheme consisted of about 70 plots. Out of these plots, his son and general Attorney Kr. Narain Singh agreed to sell plot No. 49 measuring 581 Sq. yards at the rate of Rs. 6/-per Sq. yard to Dalip Singh and received from him a sum of Rs. 872/- as one-fourth price on 25-8-1956. It was agreed that a sale-deed would be executed within two months. As the land was agricultural land, proceedings for its conversion into Abadi were to be taken. The sale was, therefore, subject to the sanction of the State Government and Urban improve- ment Board. Time for execution of the sale was extended from time to time. Endorsements were also made to that effect on the back of the receipt Ex. I which was given on behalf of the defendant to the plaintiff acknowledging the payment of one fourth of the sale money. The matter could be finalised only in august, 1959. According to the plaintiff Dalip Singh he asked Kr. Narain Singh to execute the sale-deed of plot No. 49, but the latter instead of executing the sale-deed in his favour, by his letter dated 20-10-1959 (Ex. 3) informed him that instead of the original plot No, 49, new plot No. 54 of the revised plan was allotted to him which measured 806. 6 Sq. yards. After having credited the amount of Rs. 872/- received by Kr. Narain Singh, the balance of Rs, 3978/- was claimed. The plaintiff did not accept the offer and wrote back to Kr. Narain Singh on 29-10-1959 that the change of the plot was not acceptable to him and he also claimed loss of interest on the sum of Rs. 872/-and the rent of the building @ Rs. 200/-per month which Dalip Singh would have constructed on the plot if it had been sold out to him. The defendant having failed to execute the sale-deed of the plot No. 49 as originally agreed, the plaintiff Dalip Singh claimed specific performance of contract of sale of plot No. 49 measuring 581 Sq. yards. In the alternative he claimed a decree directing the defendant for executing the sale deed of plot No. 54 for the sum of Rs. 4,400/- only, less Rs. 872/-already paid by him. Damages to the extent of Rs. 1,840/- were also claimed. This suit was instituted by the plaintiff against Thakur Sangram Singh on 5-12-1959 in the Court of Civil Judge Jaipur city, Jaipur.

(3.) THE suit was resisted by the defendant by his written statement dated 20-41960. The agreement to sell plot No. 49 and the receipt of one fourth of the money was not disputed. It was, however, contended that the said agreement was only tentative as it was subject to the modification and restrictions to be imposed by the Government of Rajasthan and Urban Improvement Board, It was also alleged that the original agreement was void as the terms of the agreement were vague and uncertain, The contract for the purchase of plot No, 49 being subject to variations was not a complete contract. According to defendant's submission all the plots had to be revised and the scheme of selling the plots came to be finalised on or about 20-8-1959 and as a result of the revised situation the original contract came to an end. It was admitted by the defendant that in view of the revised position of the plots, plot No. 54 was offered to the plaintiff, but the plaintiff refused to accept it. It was accordingly submitted that the plaintiff was neither entitled to enforce the original contract for the sale of plot No. 49 nor has he any right to compel the defendant to sell plot No. 54 of the revised plan.