J.V. Gupta, J. - (1.) This judgment will dispose of R.F.A. Nos. 1437 and 1827 of 1979 as both are in the nature of cross appeals, and thus the question involved is common in both the cases.
(2.) The plaintiff Devki Nandan filed the suit for possession of land measuring 594 kanals 5 marlas and land measuring 107 kanals 13 marlas by specific performance of the agreement of sale dated 9.3.1966 Ex. P1 entered into allegedly by defendant No. 1 Smt. Gokli Bai with him and which according to him was renewed by an agreement dated 8.3.1969 Ex.P7. Gokli Bai defendant is an evacuee from West Pakistan and she was allotted suit land in two villages Garha and Birmi. The land originally allotted to her was revalued and it was found that she was further entitled to land measuring 5 standards acres and 3/4 units as per decision of the Settlement Officer and Chief Settlement Commissioner dated 22.9.1966. Originally, Gokli Bai had entered into an agreement of sale of her land with Sarvshri Ram Dass and Amir Chand, sons of Balaki Ram on 26.2.1965 vide agreement mark 1.
(3.) The plaintiff alleged that aforesaid Ram Dass and Amir Chand subsequently transferred the rights in favour of the plaintiff by making an endorsement on the back of the agreement mark I dated 23.6.1965 by receiving a sum of rs. 12,720.00. (Rs. 12,000/ was paid by Ram Dass and Amir Chand as earnest money to Gokli Bai and Rs. 720.00 they got by way of interest). Later on, Gokli Bai entered into an agreement of sale with Devki Nandan plaintiff on 9.3.1966 Ex.P1 whereby she agreed to sell the land allotted and to be further allotted to her. The total price fixed was Rs. 26,956/-. According to the plaintiff, out of that Rs. 26,756/- have already been paid and he had been put into possession of 20 standard acres 1 unit of the land in dispute in part performance of the agreement. The sale deed was to be executed by Gokli Bai through her attorney Paras Ram defendant No. 2. The sale deed was to be executed after getting permanent rights of the property allotted to Gokli Bai. If Gokli Bai failed to executed and get sale deed registered then the vendee-plaintiff could get the sale deed registered through the process of court. It was further pleaded that subsequently Paras Ram, defendant No. 2 acting as attorney of Gokli Bai for purposes of execution and registration of the sale deed extended the period for sale by a writing dated 8.3.1969 Ex. P7 and thus kept the contract alive. The plaintiff had already paid Rs. 26,756 to Gokli Bai who in turn had put the plaintiff in possession of the land allotted to her by that time vide Report Roznamcha dated 11.3.1966 Ex. P24. When the plaintiff came to know that permanent rights regarding the property in dispute had been granted to Gokli Bai and her case for further allotment of land measuring 5 Standard Acres 3/4 units had already been decided in her favour and she had now become greedy due to rise in the market value of the property and she had also taken steps to sell away the total land allotted to her to other person for a higher price in violation of the terms and condition of the agreement of sale entered into between the parties, he filed the present suit. According to the plaint, the plaintiff had been at all material times and was now ready and willing to perform his part of the contract.;