HARI SINGH Vs. LALU RAM

JUDGEMENT

(1.) THIS appeal arises from the judgment and decree dated 6.2.1981 passed by the learned Additional District Judge, No.2, Hanumangarh in Original Civil Suit No. 49 of 1977 whereby the learned trial court has decreed the suit for specific performance in favour of plaintiff -respondent against the defendant -appellants.

(2.) BRIEF facts relevant for decision of the instant appeal are that the plaintiff -respondent filed a suit for specific performance on the ground, inter alia that he entered into an agreement to sell with the defendant -appellants on 23.1.1971 (Ex.1) in respect of Chak No. 22 P.T. P.B. total area 3 Bighas 19 Biswas comprising of Killa No. 16 area 1 Bigha, Killa No. 14 area 1 Bigha, Killa No. 15 area 11 Biswas, Killa No. 4 area 9 Biswas and Killa No. 7 area 19 Biswas for Rs. 18.000/ -. It is further averred that in part performance of the agreement to Sell (Ex.1), possession of 'Kotha' situated in Killa No. 7 of the land in dispute was given to him. The plaintiff -respondent paid Rs. 14,000/ - on 23.1.71 as earnest money. It is also alleged in the plaint that it was also agreed between the parties that Rs.,2000/ - shall be paid in Samvat 2028 and rest of the amount shall be paid on 14.2.72 at the time of registration of the sale -deed. There was a clear stipulation in Ex. 1 that in event of breach of contract by the defendants, they will refund Rs. 28.000/ -double of the earnest money paid to them and if the plaintiff failed to perform his part of contract then the earnest money paid by him shall be forfeited.

(3.) IT is averred in Paragraph 3 of the plaint that on 12.7.71 defendant No. 3 -Dilip Singh received Rs. 1500/ - as a consideration on his behalf and on behalf of his two brothers Makhan Singh and Hari Singh. In acknowledgment of payment of the aforesaid amount, a receipt of Rs. 1500/ - affixed with his thumb impression in the reverse side of Ex. 1 was obtained by the plaintiff -respondent.