MOHAN LAL Vs. HAVALDAR BIRDA RAM BURDAK

JUDGEMENT

(1.) VIDE this order the application under order 41 Rule 5 of the Code of Civil Procedure (in short the 'code') is being disposed of.

(2.) THE relevant facts in brief are that the plaintiff filed a civil suit for specific performance of the written agreement dated 4/4/2005 and permanent injunction against the defendant-respondent no. 1 havaldar Birdaram Burdak with the averments that the defendant Havaldar Birdaram, Ex-Army person, requested the plaintiff to arrange the payment of the plot in question with the understanding that in case the defendant succeeds for allotment of the plot from the jaipur Development Authority under Ex-Service Men's quota, he shall transfer the plot to the plaintiff in proportion of the amount deposited by the plaintiff. Here it is not necessary to narrate the details of the oral agreement.

(3.) IN 1992 the plot in question bearing no. C-1/28 measuring 252 sq. mtrs. was allotted in the name of the defendant Havaldar Birdaram Burdak and entire payment of Rs. 1,97,000/- was arranged by the plaintiff Mohan Lal and thereafter vide written agreement dated 4/4/2005 the defendant agreed for transfer of half portion of the plot in the name of the plaintiff. Lateron the defendant declined to perform his part of the agreement to transfer the half portion of the plot to the plaintiff, hence the plaintiff prayed for specific performance of the agreement dated 4/4/2005 and further prayer of permanent injunction was made.