KASTURI LAL Vs. RAMNATH

JUDGEMENT

(1.) THIS is a revision application against an order of the Senior Civil Judge, Bundi, abating the suit of the plaintiff for specific performance of an agreement of sale of certain lands belonging to the defendant under sec. 5 of the Rajasthan Relief of Agricultural Indebtedness Act, 1957.

(2.) THE case of the plaintiff is that the defendant agreed to sell some lands to him for Rs. 1757/- on 7. 6. 61 and to execute a sale-deed and to get it registered within 14 days. It was further alleged that he had performed his part of the cont-ract and the defendant had executed the agreement for sale in which he had acknowledged the receipt of the above amount but the defendant had not performed his part of the contract in spite of notice. THE plaintiff therefore filed the present suit for specific performance in the court of the Senior Civil Judge, Bundi on 14. 8. 61. He also claimed mesne profits at the rate of Rs. 300/- per year for being kept out of possession. THE defendant contested the suit. He denied having entered into any agreement with the plaintiff. He stated that he owed a sum of Rs. 1200/- to him for which he had pledged ornaments worth Rs. 400/ -. He also stated that he supplied milk worth rupee one per day for 26-1/2 months to the plaintiff and that nothing was due to him towards the loan of Rs. 1200/ -. He also stated that the plaintiff had wrongfully taken away his bicycle about which a criminal case was pending. As for the lands which he is alleged to have agreed to sell to the plaintiff his case was that he had already mortgaged them with possession in favour of one Smt. Fatima.