SOHAN LAL Vs. BHAGWAN DAS

JUDGEMENT

(1.) This revision has been filed by the petitioners claiming that the trial Court has erred in ordering the petitioners to pay Court-fees on the entire amount for which the petitioners have suffered damages. A suit was filed by plaintiffs for recovery of Rs. 3,86,540/-. The plaintiffs had alleged that they had agreed to purchase four plots situated in Vivekanand Colony, Near Industrial Area, Jodhpur from the defendants under an agreement dated 17-10-95 and paid a sum of Rs. 2,51,000/- as advance. The date fixed for registration of sale deed was 15-1-96. The area of the plots was 1200 sq. yards.

(2.) The present suit has been filed for returning the money paid because the plaintiffs had not purchased the plots as the defendants had failed to produce Income-tax clearance certificate and have also not deposited the development charges. It has been claimed by the defendant/petitioners that the case of the plaintiffs was wrong. No Income-tax Clearance Certificate was required because the valuation of the plots was less than the limit which was required to submit the Income-tax Clearance Certificate and the petitioners having already paid the development charges, the plaintiffs cannot say that unless the development charges are paid, the sale deed cannot be got executed.

(3.) This has been the case of the defendants that the plots were still lying unsold and they are ready and willing to sell them to the plaintiffs as and when they like. Therefore, the case of the petitioner-defendants in the written statement was that they are still ready and willing to purchase the plots. Thus, nothing has been concluded as claimed by the petitioners until and even after filing of the written statement by the defendants.