CHANDRAKANT SHANTILAL PANDYA Vs. SAVITABEHN THAKORLAL SHAH

JUDGEMENT

(1.) This First Appeal is directed against the judgment and decree dated 14/04/1977 passed by the learned Civil Judge (S.D.) Baroda in Special Civil Suit No. 260 of 1973 dismissing the suit for specific performance of contract.

(2.) The facts giving rise to the appeal and the aforesaid two Civil Revision Application may be summarized thus:

(3.) The plaintiffs were the owners in respect of the immoveable property situated at Sultanpura Lalbhais Khancha bearing Tika No. 3/7 City Survey No. 176 and Sanad No. Z78 dated 17/02/1910 in Baroda. By the registered sale deed dated September 13 19 the plaintiffs sold the said immoveable property to the defendant Savitabehn Thakorlal Shah for Rs. 15 0 The plaintiff however continued to be in possession of the said property in capacity as the tenants thereof and the rent note dated 13/09/1968 was executed therefor. Monthly rent of Rs. 300.00 was agreed to by the said rent note. The plaintiffs paid the rent at the rate of Rs. 300.00 per month the 12/06/1970 and thereafter ceased to pay the rent and also the municipal taxes and education cess tax. The defendant therefore served a registered A.D. Notice on the plaintiffs on 19/03/1971 demanding the arrears of rent and also terminating the tenancy in respect of the suit property as the plaintiffs were in arrears of rent for a period of more than six months. The defendant also Bled Regular Civil Suit No. 251 of 1972 against the plaintiffs to recover possession of the suit premises. Thereupon the plaintiffs filed a Miscellaneous Civil Application No. 260 of 1973 alleging that the monthly rent of Rs. 300.00 in respect of the suit property was unreasonable and excessive and as such the standard rent of the suit house should be fixed. The plaintiffs also got the interim standard rent fixed at the rate of Rs. 25.00 per month ex parte in the said proceedings of Civil Misc. Application No. 260 of 1973. An agreement was also executed between the parties on 13/09/1988 whereby the defendant had agreed to resell and reconvey the suit house on payment of Rs. 15 0 and other legal dues. The said agreement is at Exh. 36 on the record. The plaintiffs served the defendant with the notice on 4/04/1973 calling upon the defendants to pass a deed of reconveyance on accepting Rs. 15 0 and other dues. The plaintiffs contended in the said suit that the plaintiffs were ready and willing to perform their part of the contract. It is the case of the plaintiffs that the defendant did not comply with the notice Exh. 37 and as such the plaintiffs filed Special Civil Suit No. 260/73 in the Court of the Civil Judge (Senior Division) at Baroda for specific performance of the contract for reconveying the suit property in their favour.