KALURAM AGARWAL Vs. DINESH KUMAR

JUDGEMENT

(1.) BY this common judgment both the appeals No. 51/03 filed by the plaintiff, Kaluram and appeal No. 89/03 filed by the defendant No. 1, Dinesh Kumar Agarwal, arising out of the same judgment dated 11/11/2002 passed by the Court of 3rd Additional District Judge, Gwalior in Civil Suit No. 47A/95 filed by the plaintiff are being decided.

(2.) THE said suit has been partly decreed in favour of the plaintiff for recovery of Rs. 10,000/ - along with compound interest @ 12% per annum dismissing the suit of specific performance of the contract against which the appeal No. 51/03 has been filed.

(3.) THE undisputed facts are that the disputed house No. 7 -A described in para 1 & 2 of the plaint owned by the defendant No. 1, Dinesh Kumar Agarwal who executed an agreement to sell the disputed house on 26/12/1992 to the plaintiff for consideration of Rs. 1,95,000/ - and sum of Rs. 10,000/ - was received by him as advance vide Account Payee Cheque dated 26/12/1992. It is also an undisputed fact that as per terms and conditions of the said agreement the permission under Section 26 of the Urban Land Ceiling Act, 1976 for the sale of the property was to be obtained by the vendor at his own cost. The vendor would execute the sale deed of the property in favour of the vendee or in the name of third party within three days from the date of permission for sale. If the permission for sale under the Urban Land Ceiling Act was received early within the time limit for execution of the sale deed and the period of registration of sale deed would be sixty days from the date of agreement. The actual possession of the house would be delivered by the vendee at the time of registration after due measurement.