CHUNNI DEVI Vs. BAPU BHAI DESAI

JUDGEMENT

(1.) This is plaintiff's first appeal against the judgment and the decree of Addl. District Judge No. 2 Jodhpur dated 5th July, 1973 dismissing plaintiff's suit for recovery of Rs. 10,800/. from defendant respondents Bapu Bhai Desai and Smt. Parvati Devi. The appellant has also impleaded her husband Shri Bhabootsingh as one of respondents to this appeal. But Bhabootsingh died during the pendency of the appeal and, therefore, his name was struck off from the array of the respondents at the request of the appellant on 6th Sept., 1974.

(2.) The points involved in this appeal are not very intricate but the facts giving rise to this litigation are undoubtedly complicated.

(3.) Plaintiff Smt. Chunni Devi entered into an agreement with Shri Bapu Bhai Desai to purchase a plot of land in front of Pratap School on the Chopasani road, Jodhpur for a sum of Rs. 45,000/. This agreement was executed in the year 1959 and the plaintiff advanced Rs. 10000.00 to defendant Bapu Bhai Desai as an earnest money. It may be mentioned here that the plot which Bapu Bhai Desai agreed to sell to the plaintiff Smt. Chunni Devi belonged to one Shankerlal who had agreed to dispose of that plot to Shri Bapu Bhai Desai. But by the time the agreement was enured into between the plaintiff and respondent Bapubhai Desai, the title in the plot had not passed on to Bapubhai Desai. According to the agreement between the parties, the sale deed was to be executed by Bapubhai Desai within two months. But it so appears that for one reason or other, the plot could not be sold by Sankerlal to Shri Bapubhai Desai. In the year 1961 Bapubhai Desai negotiated with the husband of plaintiff Smt. Chunni Devi the period for execution of the sale-deed may be increased and it so appears that on the same document an endorsement was made that the sale shall be completed by Baoubhai Desai in favour of Smt. Chunni Devi within a period of six months Shri Bhabootsingh husband of Smt. Chunni Devi paid Rs. 15,000.00 more towards that agreement to Bapubhai Desai.