BHAGIRATH Vs. RAM PYARI

JUDGEMENT

(1.) This appeal has been preferred under Sec. 96 of the Code of Civil Procedure (CPC), 1908, against the judgment and decree dtd. 7/8/1987 passed by the learned Additional District & Sessions Judge, Raisinghnagar in Civil Original Suit No.35/81 (Mani Ram Vs. Bhagirath & Ors.), decreeing the suit (instituted by the plaintiff-Mani Ram - since deceased, represented through his LRs herein) for specific performance of the contract of sale against the defendants (appellants herein), while also holding the plaintiff entitled to receive the costs of litigation from the defendants (appellants herein).

(2.) As per the pleaded facts, an agricultural land of Chak no.51 NP bearing murabba no.30 in killa no. 1 to 18 measuring about 14 bighas 6 biswas, was allotted to one Brij Lal (father of appellants/ defendants), since deceased, under the Rajasthan Colonization (Gang Canal Lands Permanent Allotment and Sale) Rules, 1956 (hereinafter referred as 'Rules of 1956') on 16/2/1970. Late Brij Lal was required to pay the price of the allotted land according to the rates which were in force at the time of allotment.

(3.) Learned counsel for appellant/defendants, while making submissions qua the finding of the learned Court below on issue No.1, in the impugned judgment and decree, submitted that the learned Court below erred deciding the said issue, with the finding that as per the statements of PW-1 Mani Ram (plaintiff) and PW-2 Sadul Ram, it was proved that the sale agreement in question was executed, as claimed in the suit by plaintiff-Mani Ram.