BANSHI LAL Vs. CHHAGANI DEVI

JUDGEMENT

(1.) The plaintiff/appellant, who appears in person has preferred S.B. Civil First Appeal No.64/1985 assailing the judgment and decree dated 08.04.1985 passed by learned District Judge, Balotra, Camp Barmer, whereby his suit for specific performance of contract, and possession was refused and the amount of Rs.43,702/- was directed to be paid to the appellant/plaintiff.

(2.) The suit was preferred by the appellant for specific performance and possession of house, and in the alternative, to grant a sum of Rs.43,702/- alongwith interest, expenses and compensation.

(3.) Brief facts, stated in the plaint, are that the plaintiff/appellant has set up a case as tenant that he entered into an oral agreement with defendant-Chhagani Devi widow of Late Rana Mal and her son Loonkaran for purchase of the entire property belonging to Late Rana Mal, as detailed out in the plaint, on 25.05.1981. The said sale agreement was entered with the sanction of the other defendants and for a total consideration of Rs.40,000/-. It was also agreed that expenses required for the registration of sale of the property shall be borne by the plaintiff/appellant.