Asok Kumar Ganguly, J. - (1.) Leave granted.
(2.) The appellant, Van Vibhag Karamchari Griha Niraman Sahkari Sanstha Maryadit, Indore (hereinafter referred to as the appellant), was constituted and registered under the Madhya Pradesh Cooperative Society Act, 1960 on 26.5.1970, for the purpose of providing residential plots to the employees of the forest department of Madhya Pradesh Government.
(3.) On 28.3.1974, three farmers, namely Ramesh Chander (hereinafter referred to as the first respondent), Mahavir Singh and Chunni Lal, entered into an oral agreement with the appellant to sell their respective land measuring 2.039 hectares bearing khasra No. 203/2, 1.019 hectares bearing khasra No. 203/1 and 1.602 hectares bearing khasra No. 204/1, situated at village Chitawad tehsil and district Indore, to the appellant at Rs. 2 lacs per hectare. On 25.1.1975, all the three farmers jointly received Rs. 2000/- as earnest money as per the agreement dated 28.3.1974 and delivered possession of the said land to the appellant. The agreement to sell was executed and signed by all three farmers on 31.3.1976. The present dispute only concerns Ramesh Chander, i.e. the first respondent.;