DALIP SINGH Vs. SADHU SINGH

JUDGEMENT

(1.) THIS appeal has been filed by the plaintiff against the judgement of the learned Additional District Judge No. l, Sri Ganganagar dated July 15, 1989 decreeing his suit for the specific performance with the conditions that the balance amounts of the sale consideration of Rs. 55,000/- and interest on it from September 29, 1982 @ 1% per month would be paid to the defendant and on his refusal to accept it would be deposited in the court within one month. The facts of the case giving rise to this appeal may be summarised thus.

(2.) ON January 6, 1978, the respondent agreed to sell his 25 bighas of land situated in Sq. No. 18, Chack no. 5 h, Tehsil Sri Ganganagar for Rs. 1,15,000/- to the appellant, he accepted Rs. 10,000/- in adance from the appellant, possession of the entire land was delivered and an agreement for sale was executed the same day. Rs. 35,000/- and 15,000/- were further paid by the plaintiff to the defendant on April 15, 1978 and May 15, 1978 respectively towards the sale consideration. The defendant has to obtain 'sanad' in respect of the said land prior to the execution of the sale deed and he obtained it in August, 1982. ON September 15, 1982, the plaintiff served notice upon the defendant asking him to execture te sale deed. When he did not execute it, he filed suit for specific performatiuon on September, 19 1982. The dependent admitted in his written statement the receipt of Rs. 60,000/- from the plaintiff, delivery of the possession of his land on him and execution of the said agreement for sale. He further pleaded that the plaintiff was ready and willing to purchage only 12 bighas of land for Rs. 62,000/- and not the entire land. After framing necessary issues and recording the evidence of the parties, the learned Additional District Judge No. 1, Sri Ganganagar decreed the suit as said above.

(3.) THE first question for consideration in this appeal is whether the trial court was justified to award interest @ 1% per month from September 19, 1982 to the date of its payment. Admittedly, actual and physical possession of the entire land measuring 25 bighas was obtained by the plaintiff on the day of the execution of the agreement for sale i. e. on January, 8 1978 and since then the plaintiff is reapedits fruits. THE present suit was filed on September 29, 1982. Addmittedly, the balance amounts of consideration i. e. Rs. 55,000/-was not deposited by the plaintiff in the court. It is also not in dispute that the plaintiff agreed to pay interest on the amount of Rs. 55,000/- @. 90p. per cent per month from May 19, 1979 to the date of the registration of the sale deed. THE trial court has observed that the price of agricultural land has escalated to Rs. 3-4 less per murbba during this period. This fact has not been challenged. Under these facts and circumstances, it cannot be said that the learned Additional District Judge erred in awarding interest on Rs. 55,000/ -. However,he should have awarded interest @ 0. 90 paisa per cent per month as agreed by the plaintiff himself insteand of Rs. 1/ per cent per month.