FATEH SINGH Vs. GOPI

JUDGEMENT

(1.) THIS is a second appeal by defendants Fatehsingh, Mukand Singh and Ganpatsingh, and has arisen out of a suit for specific performance of an agreement of sale of agricultural land. Plaintiff-respondents Gopi and Moti of Anop Pura filed a suit against the defendant-appellants in the Court of Munsif, Jaipur Districts Jaipur, with the following allegations.

(2.) THE defendant-appellants were Khatedar tenants of holding Khasra No. 241 measuring 5 Bighas 11, Biswas called by the name "bagahali" in village Jhund, Tehsil Sanganer. That on Bhadwa Sudi 6, Samvat 2016 corresponding to 24th of September, 1959, the defendants sold the holding mentioned above to the plaintiffs for a sum of Rs. 1,375/- and executed a writing in their favour. THE purchase money was paid over to the defendants-appellant and they agreed to execute a regular sale-deed and get it registered within a period of one month. It was also agreed between the parties that the defendants would be responsible for the expenses on account of stamps and registration. THE plaintiffs' case was that the defendants failed to execute the sale deed and in the meanwhile they started negotiations for the sale of the holding with one Ganesh. THE plaintiffs thereupon served a notice upon the defendants which was received by the defendants on 5th November, 1950. THE defendants did not care to reply to the notice. THE plaintiffs consequently filed a suit on 19th May, 1960 for specific performance of the contract. In the alternative, they prayed for the refund of the money paid to the defendants with interest together with damages amounting to Rs. 110/- calculated at the rate of Rs. 1/- per cent per mensem on the money paid to the defendants.