RAM KUMAR Vs. STATE OF RAJASTHAN AND ORS.

JUDGEMENT

(1.) Special Appeal No. 375/2002.

(2.) THIS Special Appeal is directed against the judgment of learned Single Judge dated 20.5.2002, by which he partly allowed the writ petition with direction that Shri Het Ram will execute the sale deed in pursuance of the agreement of sale dated 3.4.1984 to the extent of his transferable share of 2.4 bighas. It was found that the land was agreed to be purchased at the rate of Rs. 11,000/ - per bigha, for which Rs. 80,000/ - was paid and thus, Shri Het Ram will refund the excess amount to the appellant -Ram Kumar. Shri Het Ram was directed to execute the sale deed to the extent of his share and not of any specific part of the land. After the sale deed is executed and registered, the appellant -Ram Kumar may file a suit for division of the holding under section 53 of the Rajasthan Tenancy Act, 1955 to get the land partitioned.

(3.) SHRI Het Ram entered into an agreement of sale dated 3.4.1984 for sale of 16 bighas 10 biswas land situate in Chak No. 3MSD, at the rate of Rs. 11,000/ - per bigha with Shri Ram Kumar -the appellant. Rs. 80,000/ - was paid in advance to Het Ram in cash at the time of execution of the agreement. The possession was also alleged to have been given to Shri Ram Kumar. The remaining amount was to be paid on 2.8.1984 when the sale deed was to be executed and registered. The date for execution of the sale deed was extended upto one month from getting the permission of sale from the revenue authorities.