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. 56. 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 Improvement 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. 1 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 at the rate of 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. 4400/- only, less Rs. 872/-already paid by him. Damages to the extent of Rs. 1840/- were also claimed. This suit was instituted by the plaintiff against Thakur Sangram Singh on 5-12-59 in the court of Civil Judge Jaipur City, Jaipur.