Vineet Kothari, J. - (1.) THE appellants/defendants, Mst. Radha Bai D/o late Sh. Ramlal, and 4 others have, preferred this first appeal under Section 96 of the Code of Civil Procedure, 1908, aggrieved by the judgment and decree dated 28th March, 1987 passed by learned Additional District Judge, Raisinghnagar, in Civil Original Suit No. 12/1983 -Nachhatar Singh S/o. Sh. Bali Singh Vs. Lachhman Das S/o. Bhinyaram and others, whereby the suit filed by the respondent/plaintiff, Nachhatar Singh, for specific performance of the agreement dated 26.11.1977 (Exhibit -1) was decreed.
(2.) SUCCINCTLY stated, the facts of the case are that the land measuring 25 Bigha in Murabba No. 390/375 in Kila No. 1 to 25 in 20 SJM was agreed to be sold by one Ramlal to the plaintiff, Nachhatar Singh under the agreement executed in favour of plaintiff, Nachhatar Singh on 26.11.1977 (Exhibit -1) for consideration of Rs. 25,000/ -, which sum was paid to the father of the defendant No. 1 (Ramlal) on the same date and the written agreement (Ex. 1) was executed and two attesting witnesses, namely, Jagdish Rai and Ramrakh, were also examined by the learned trial court. The present appellant/defendant, Mst. Radha Bai, who claimed to be the daughter of Sh. Ramlal, is said to have got mutated the land in question in her favour on 04.12.1981, after the death of said Ramlal, whose date of death is not on record and upon her refusal to execute the sale -deed pursuant to the Agreement dated 26.11.1977, executed by her father late Sh. Ramlal, in favour of plaintiff, Nachhatar Singh, the present suit for specific performance of the agreement was filed by the plaintiff/respondent No. 1 on 01.09.1983, which came to be decreed by the learned trial court of Additional District Judge, Raisinghnagar finding the existence of the said agreement dated 26.11.1977 having been executed by late Sh. Ramlal and also readiness and willingness of the performance on the part of the plaintiff and the defendant was directed to execute the sale -deed within two months from the date of obtaining 'Sanad' as required under Section 13 of the Rajasthan Colonization Act, 1954 (Act of 1954). The present first appeal was filed by the appellants/defendants in this Court on 26.06.1987, which was admitted by on 12.08.1987 and later on after hearing both the parties on 20.01.1988, a coordinate bench of this Court passed the following interim order while disposing of the stay application. "Hon'ble Mr. K.S. Lodha, J. 20.1.88 Mr. R.N. Bishnoi, for the appellant. Mr. B.R. Arora, for the respondents. I have heard learned counsel for the parties on the stay application. It is directed that the respondents shall be free to take steps for obtaining permission for sale from the authority concerned and may also get other formalities completed but he shall not get the sale -deed executed through the court without the permission of this Court during the pendency of this appeal. The stay application is, accordingly, disposed of."
(3.) THE "Sanad" under Section 13A of the Act of 1954, appears to have been obtained by the plaintiff, Nachhatar Singh, on 23.12.1995 after the payment of installments due from the vendor, Ramlal, and the regularization charges as prescribed in those provisions amounting to Rs. 12,500/ - and 37,500/ - on 30.12.1989 and 24.12.1992 respectively and the said order of the District Collector, Sri Ganganagar, dated 23.12.1995, has been placed on record along -with application (IA No. 16006/2009) filed by the respondent No. 1/plaintiff, Nachhatar Singh, under Order 41 Rule 27 C.P.C., which stands allowed.;