MURARI LAL Vs. SMT. DHARMI DEVI

JUDGEMENT

(1.) The appellants-defendants have preferred the present appeal under Section 96 of the Code of Civil Procedure, oppugning the judgment and decree dated 07. 08. 1986 passed by the learned District & Sessions Judge, Sirohi (hereinafter referred to as the 'Trial Court') in Civil Original Suit No. 47/1984 titled as "Madan Lal through LRs Vs. Murari Lal & Anr. " whereby, a suit for specific performance filed by the plaintiffs had been allowed.

(2.) The facts, in nutshell, needed for decision of the present appeal are that the original plaintiff-respondent Madan Lal instituted a suit for specific performance against the present appellants, inter alia, stating that the defendants-appellants had executed an agreement to sell in relation to a house situated in Abu Road on 03. 10. 1977, and according to the terms of the said agreement, the payment was to be made by 29. 08. 1979 and after such payment, the possession of the suit premises was agreed to be delivered to the plaintiff (Madan Lal). The said suit property was agreed to be transferred for a total consideration of Rs. 20,000/- besides payment of the arrears of the rent.

(3.) As per the averments in the plaint, when the plaintiff requested the defendants for performance of the agreement, they adopted dilly-dallying tactices and resisted the fulfillment of the terms. Later on, the plaintiff contacted Madan Lal Saini S/o Munshi Lal, elder brother and head of the family of the defendants, who assured that he would persuade the defendants to execute the sale-deed in favour of the plaintiff's wife Smt. Dharmi Devi and his daughter Mewa Devi. While giving such assurance, said Madan Lal, settled the transaction for Rs. 20,324/-, Rs. 20,000/- being the sale consideration and Rs. 324/-, being interest @ 1. 25 rupee per month for the relevant period, besides Rs. 3,244/-, being arrears of rent. In furtherance of such understanding, the plaintiff gave Rs. 3,244/- in cash to said Madan Lal and handed over a cheque of Rs. 20,300/- bearing Cheque No. 014000 dated 22. 08. 1979 drawn on Sirohi District Commercial Cooperative Bank, Abu Road issued in favour of M/s Jhunni Lal Deena Lal duly endorsed in favour of Madan Lal Munshi Lal. In acknowledgment whereof, the defendants' elder brother Madan Lal had handed over a receipt to the plaintiff and promised that the requisite sale-deed would be executed, within a period of 2-4 days. It has also been averred in the plaint that the plaintiff went to Abu Road and requested the defendants and his brother Madan Lal to accompany him to some document writer, along with the original patta and documents of the title for facilitating drafting, execution and signatures on the sale-deed, but the defendants did not turn-up to the document writer on 26. 08. 1979 and 27. 08. 1979.