AJAIB SINGH Vs. LRS OF SHIV LAL

JUDGEMENT

(1.) By way of the present appeal, the appellants plaintiffs have called in question, the judgment and decree dated 30.03.1989 passed by learned Addl. District & Sessions Judge, Raisinghnagar (hereinafter referred to as "the trial Court"), whereby he had rejected the suit filed by them, on the ground of limitation.

(2.) The facts within the precincts of the issue of limitation, adjudicated by the trial Court are; that the plaintiffs (appellants herein) filed a suit for specific performane of the agreements dated 08.01.1963 and 08.04.1963, entered into between them on the one end and Shivlal and Harbansh Lal [propositus of defendants No.(ii) to (viii)] on the other. It was stated by the plaintiffs that the defendants Shivlal and his brother Harbanshlal were in need of money, for which they decided to sell their agricultural land admeasuring 24 bigha and 15 biswa of Murabba No.60, Chak No.21PS, Tehsil Raisinghnagar, for a consideration of Rs. 15,000/-. The said land was allotted to the defendants by the State Government, however the same lying uncultivated, for which they were tempted to sell it. The plaintiffs had paid a sum of Rs.1,000/- to the defendants at the time of execution of the agreement to sell dated 08.01.1963. As per the agreement executed between the parties, out of the remaining amount of Rs.14,000/-, Rs.4,000/- was agreed to be paid in cash in Chaitra Samvat 2030 while the remaining amount of Rs.9,000/- was to be deposited towards the due installments of the land. The remainder of the consideration i.e. Rs.1000/- was agreed to be paid within a month of the payment of last installment simultaneously at the time of execution of the sale deed.

(3.) In furtherance of the said transaction, as a part performance, a sum of Rs.4,000/- was paid by the plaintiffs on 08.04.1963 and an endorsement to this effect was made on the said agreement dated 08.01.1963 itself.