DURGA SHANKER Vs. KANCHAN BAI

JUDGEMENT

(1.) THIS is a revision petition directed against the order of the learned District Judge, Kota, dated 1 -3 -1979 confirming the order of the Munsif (North), Kota, dated 15 -9 -1978 dismissing the applications of the plaintiff -applicants, dated 22 -1 -1977 and 20 -5 -1978. The plaintiffs Raghunath Prasad, Durga Shanker and Rajendra Prasad were in need of some money and therefore, they took a sum of Rs. 5,000/ - on loan from Smt. Kanchan Bai, defendant non applicant and for the satisfaction, executed a sale deed of a shop in her favour. In return, the defendant Smt. Kanchan Bai executed an agreement date 22 -2 -1974 in their favour that if they return a sum of Rs. 5000/ - within three years, she will execute a sale deed in their favour and if they failed to return a sum of Rs. 5000/ - she will not be bound down by the agresment and the sale in her favour will become absolute. The possession of the property was also handed over to Smt. Kanchan Bai and she started collecting rent at rate of Rs. 225/ -.

(2.) THE plaintiffs gave notice to the defendant on 12 -1 -1977 stating that the rent collected by her should be adjusted and they were willing to pay the remaining amount and that she should execute a sale deed in their favour. A reply to the said notice was given on behalf of the defendant on 31 -1 -1977 in which she admitted that she had agreed to execute the sale deed in their favour provided they returned the amount of Rs. 5,000/ - within three years. She specifically mentioned in that reply as under: .........[vernacular ommited text]...........

(3.) DURING the pendency of the suit, the plaintiffs filed an application on 21 -2 -1977 within 3 years of the agreement dated 22 -2 -1974 that they were willing to pay Rs. 5000/ - and the defendant should be asked to execute the registry in their favour to which a reply was filed by the defendant on 13 -5 -77. The plaintiffs filed another application on 20 -5 -1978 submitting that they were prepared to pay Rs. 5000/ - and an order should be passed asking the defend ant to execute a sale deed and get it registered and other issues may be decided later on. No reply was filed to this application by the defendant. The trial court dismissed the two applications by its order dated 15 -9 -1978 mainly on the ground that it was not disclosed as to under what provisions these applications have been made and if the applications are allowed, it will virtually amount to disposal of the main suit. The plaintiffs preferred an appeal against this order and the learned District Judge, Kota by his order dated 1 -3 -1979 dismissed the appeal and confirmed the order of the learned Munsif Magistrate. It is against this order that the present revision petition has been filed.