GOVIND RAM Vs. SUNDER BAI

JUDGEMENT

(1.) THIS is defendant's second appeal against the judgment and decree dated 15th February, 1961 passed by the District Judge, Ajmer, in his appellate jurisdiction dismissing the appeal filed against the judgment and decree dated 30th November, 1959 of the Civil Judge, Ajmer, in Civil suit No. 408 of 1958.

(2.) SMT. Sunder Bai and others filed a suit against defendant Govindram for the specific performance of a contract for sale of an immovable property which originally belonged to the plaintiffs and which was sold by them to defendant Govind ram for Rs. 4,000/- on 31st October, 1956, by means of a sale deed registered on that day. By a separate deed of the same date, the parties agreed that the same property shall be resold to the plaintiffs after the lapse of five years and for that it was alleged that the plaintiffs paid Rs. 100/- as earnest money to defendant Govindram. It was further alleged that the defendant-appellant did not stick to his part of the obligation under the agreement and therefore the plaintiffs were compelled to file the suit against him for specific performance for the resale of the disputed property.