RAMCHAND Vs. SUNDERSINGH

JUDGEMENT

(1.) THIS civil first appeal is directed against the judgment and decree of the Additional District Judge, Ganganagar dated 19 -9 -1973 in a suit for specific performance of the contract.

(2.) THE relevant facts giving rise to this appeal are these.

(3.) THE defendant resisted the suit. He admitted execution of the agreement on 29 -1 -68. He further admitted to have received Rs. 8,000/ - as earnest money. He also admitted that under the agreement he was required to execute the sale deed on or before 30 -6 -68. He also admitted that on 24 -6 -68 he extended the time of performance we pleaded by the plaintiff. He, however, denied that the possession of the land in dispute was delivered to the plaintiff on 29 -1 -68. He pleaded that the contract for sale was by mutual corset. It was forth replaced that he was a mere allottee of the fields, and therefore, he was not in a position to sell that land hill he obtained the 'Sanad' from the Government. He further pleaded that a Panchayat was summoned on 23 -6 -68 and it was settled before in the patties that the defendant would return the amount of earnest money to the plaintiff within two months' and the agreement would stand rescinded or cancelled. The defendant also pleaded that in accordance with this agreement between the parties be returned the amount of earnest money i.e. Rs. 8000/ - to the plaintiff through Endeen and Ali Mohammed and as such the plaintiff was not entitled to claim performance of the contract It was also related that the Junior Government was a necessary party in absence of which the suit was not maintainable.