BISHAN SINGH Vs. RAM SINGH

JUDGEMENT

(1.) THIS is a second appeal by the plaintiff Bishan Singh whose suit for specific performance of contract sale of 12 Bighas of agricultural land situated in village Bada Naya Gaon, District Bundi, was decreed by the trial court, but was dismissed by the learned Senior Civil Judge, Bundi, on appeal by the defendant - respondent.

(2.) THE appellant Bishan Singh is the father -in -law of the respondent Ram Singh and both the parties owned 50 Bighas each in Khasra No.6. The appellant's land was on the southern side and the respondent's on the northern. In 1953 A.D. the defendant filed a suit in the Court of Sub -divisional Officer, Nenwa alleging that the plaintiff -appellant had encroached upon 12 Bighas of the defendant's land and this claim was decreed on 22.10.1954. The appellant Bishan Singh filed a suit in the Court of Munsiff, Bundi for declaration that the decree passed by the Sub -divisional Officer on 22.10.1954 against him was ineffective and liable to be set aside. It is not known under what provision of law the suit was filed. While this suit was pending both the parties made a joint application before Guru Singh Sabha, Bundi on 5.6.1957 for deciding the dispute between them pertaining to 12 Bighas of land which was the subject matter of the suit. A copy of this application has been placed on the record and marked Ex. 1. The Sabha gave its decision on the same day according to which it was directed that Bishan Singh shall pay Rs. 240/ - to Ramsmgh in lieu of the price for the 12 Bighas of land in dispute and Ramsingh would execute a sale deed in favour of Bishen Singh for the same. The mode of this payment of Rs. 240/ - was also prescribed Rs. 100/ - were to be paid on 10. 6. 1957 and Rs. 140/ - on the date of hearing in the suit. According to this award by the Sabha Ramsingh was also to make a statement before the Munsiff, Bundi, that he had compromised on payment of Rs. 240/ - as price for the land in question. Both Bishan Singh and Ramsingh made an endorsement below the award to the effect that the award was welcome. A copy of this award has also been placed on the record and marked Ex. 2. It is alleged by the plaintiff that Bishan Singh paid Rs. 100/ - on 10.6.1957 (vide receipt Ex. 5) and could not pay the rest of the amount to Ramsingh as Ramsimgh failed to appear before the Court of the Munsiff, Bundi in the pending suit. Bishan Singh, however, did not take any steps to file the award before the Court and allowed the suit to be dismissed in default. The plaintiff Bishan Singh's case is that he was always prepared to pay Rs. 140/ - to the defendant but the defendant was not willing to carry out the terms of the award, and consequently the amount of Rs. 140/ - was deposited with the Sabha. The plaintiff filed the present suit in the Court of Munsiff, Bundi on 22. 8. 1956 praying that a decree for specific performance for sale of the land in question be granted in his favour and the defend ant be directed to accept the balance of the price Rs. 140/ - and execute and get registered a sale deed for the same according to law.

(3.) AFTER recording the evidence produced by the parties the learned Munsiff decreed the plaintiff's suit On appeal by the defendant, however the learned Senior Civil Judge, Bundi set aside the judgment and decree of the trial court and dismissed the plaintiff's suit. He held that no relief can be grant d on the basis of the award as it had Hot been made a rule of the Court according to law, nor could it be used under Section 47 of the Arbitration Act, 1940 as a compromise or adjustment of a suit. He also held teat there was no subsequent agreement between the parties for sale of the land in question in favour of the plaintiff. The plaintiff has therefore come in second appeal to this Court.