RUDA RAM Vs. MEHAR SINGH

JUDGEMENT

(1.) THE defendant has filed this Special Appeal against the judgment of learned Single Judge dated 23. 11. 1983 passed in Civil First Appeal No. 7/1972 whereby the appeal filed by the appellant was dismissed and the judgment and decree dated 9. 9. 1971 passed by learned Addl. District Judge, No. 2, Sriganganagar was confirmed. THE facts relevant for the disposal of this appeal lie in a narrow compass and may be summarized as under.

(2.) THE defendant-appellant was allotted 22 bighas of land in Chack No. 6 JRK on 12. 8. 1966 by the Senior Settlement Officer, Ministry of Re-habilitation, Government of India, Sriganganagar. Since full payment of instalments was not made, `sanad' was not granted to the defendant-appellant. When he entered into an agreement with the plaintiff-respondent for the sale of above land for a consideration of Rs. 28600/- at the time of execution of the agreement the defendant-appellant obtained a sum of Rs. 16000/- from the plaintiff as part of sale consideration and the plaintiff-respondent was put into possession of the aforesaid land by the defendant-appellant. THE defendant-appellant agreed that by 15th July, 1967 he would deposit the balance of the amount of instalment in the Settlement Department of Government of India and after obtaining `sanad' he will execute the sale- deed in favour of the plaintiff-respondent. THE defendant- appellant further agreed to pay a sum of Rs 32000/- in case of breach of contract on his part.

(3.) THE trial court decided issue No. 1 against the defendant and in favour of the plaintiff by holding that a sum of Rs. 21000/- was paid by the plaintiff to the defendant towards sale price of the land in question. Issue No. 2 was held against the defendant. Under issue No. 3, the learned Addl. District Judge held that the land in question was allotted to the defendant only and not jointly to the defendant and his family members hence the agreement between the plaintiff and defendant was valid and enforceable. Issue No. 4 was also decided in favour of the plaintiff and learned Addl. District Judge found that the relief of specific performance of the agreement can be given to the plaintiff in the facts and circumstances of the case. THE suit of the plaintiff, therefore, was decreed and the defendant was directed to execute the sale-deed in favour of the plaintiff within three months after obtaining `sanad' on payment of remaining instalments and the plaintiff was directed to pay the remaining amount of sale consideration being Rs. 7600/- to the defendant. In the alternative, it was also ordered that in case `sanad' was not granted to the defendant, the plaintiff will be entitled to refund of Rs. 21000/- from the defendant provided he hands-over possession of the land in question back to the defendant.