RADHEY SHYAM Vs. LACCHI RAM

JUDGEMENT

(1.) This is plaintiff's first appeal under section 96 of the Code of Civil Procedure filed against the judgment and decree dated 18/2/1987 passed by Additional District Judge No.2, Jaipur City, Jaipur in Civil Suit No.115/1977 whereby plaintiff's suit for specific performance of the contract and injunction has been dismissed and a decree has been passed in the manner that plaintiff would be entitled to recover the amount of Rs.5480/- from the defendants which was advanced by him in lieu of the agreement to purchase the disputed lands.

(2.) The controversy involved in the present matter in nut shell is that plaintiff filed a suit against the defendants for specific performance of the contract and injunction, on account of non-performance of the agreement dated 19/7/1972 which was entered into in between the plaintiff and defendants no.1 & 2 and according to the plaintiff he paid Rs.5480/- to defendants no.1 & 2 at the time of agreement to purchase the disputed lands and possession of the disputed lands was handed over to him and he was always ready and willing to perform his part of the contract but the defendants did not hand over the title deeds of the lands in question nor they executed the agreement and contrary to this the defendants no.1 & 2 entered into agreement to sell the disputed lands to defendants no.3 to 6, whereas according to the defendants no.1 & 2 they were always ready and willing to perform their part of the contract and they, many times asked the plaintiff for execution of the agreement but the plaintiff never turn up and on account of decrease in the price and due to change in existing government policy the defendants were compelled to sell the disputed lands to other defendants no.3 to 6, however the defendants no.1 & 2 admitted the agreement to sell dated 19/7/1972 which was entered into defendants no.1 & 2 and the plaintiff.

(3.) On the basis of the pleadings of the parties, issued were framed and the learned trial court after recording the evidence and hearing the parties and taking into consideration entire facts and circumstances dismissed the plaintiff's suit and a decree was passed in favour of the plaintiff to the extent of Rs.5480/- which he advanced to the defendants no.1 & 2 at the time of agreement to sell the disputed lands. Hence, this first appeal by the plaintiff.