NAND LAL Vs. BAHADAR

JUDGEMENT

(1.) This is an appeal arising out of the suit filed by the plaintiff for specific performance of an agreement to execute mortgage of his land for a consideration of Rs. 7,000/- out of which Rs. 5,500/- were paid through pronote, Rs. 1.300/- were paid at the time of execution of the agreement and the balance was to be paid at the time of registration of the mortgage deed. In the alternative, refund of Rs. 6,800/- was claimed.

(2.) The defendants controverted the said allegations. The execution of the agreement was denied. In the alternative, it was pleaded that the defendants were minors and the agreement entered into by the plaintiff with the minors cannot be enforced.

(3.) The trial Court found that the agreement to mortgage was duly executed in favour of the plaintiff for a consideration, the defendants were owners of the land in suit, the defendants were minors, the plaintiff had not played any fraud on the defendants, subsequent purchaser was a bona fide purchaser, suit was not bad for non-joinder of parties and it was within limitation. The trial Court declined the relief of specific performance as the agreement for mortgage was with the minors. It however, found that the consideration of Rs. 6,800/- stood proved, vide pronote Exhibit P-1 for Rs. 1,800/-, Exhibit P-4 for Rs. 2000/-, Exhibit P-6 for Rs. 1,200/- plus Rs. 500/- as interest thereon and Rs. 1300/- were paid in cash at the time of the execution of the agreement for mortgage and, in order to order to settle the equity amongst the parties, trial Court decreed the suit for recovery of Rs. 6,800/- against defendants Nos. 1 and 2.