- (1.) The appellants/plaintiffs (decree holder), in whose favour decree of specific performance of the agreement was granted by the learned trial court, have filed the present misc. appeal being aggrieved by the remand order dated 29.05.2000 passed by the first appellate court of learned Additional District Judge, Raisinghnagar, Sri Ganganagar, allowing defendants' appeal and setting aside the decree of specific performance passed in favour of plaintiffs, Mohan Singh and Balbeer Singh v. Smt. Jato Bai Wd/o late Sh. Varyam Singh, and others.
(2.) The learned trial court while granting said decree of specific performance in respect of 12 Bigha and 10 Biswa of agricultural land situated in Chak 2 LPN in Murabba No. 268/357 Kila No. 1 to 13, which was agreed to be sold by the vendor Varyam Singh to the present appellants/plaintiffs under an Agreement to Sell dated 31.03.1979 for a sum of Rs. 50,000/- @ Rs. 4,000/- per Bigha and under duly executed Agreement to Sell, a sum of Rs. 26,000/- was immediately paid to the vendor Sh. Varyam Singh, father of the defendants and later on a further sum of Rs. 5,000/- was also separately paid and possession of the 5 Bigha of land was immediately given and remaining possession was also given on the day of 'Baishakhi' and thus possession of the land in question is with plaintiffs since 1979. The learned trial court also found readiness and willingness on the part of plaintiffs since they had paid at the time of agreement and taking over the possession, a sum of Rs. 40,000/- out of Rs. 50,000/- was paid and only a sum of Rs. 10,000/- was further to be paid on the date of registry of sale-deed in favour of plaintiffs and also permission to sell was to be taken from the Colonization Department. It appears that the father of the defendants, late Sh. Varyam Singh (vendor) expired and thereafter his son Gurdev Singh refused to execute the sale-deed in favour of plaintiffs and, therefore, the present suit was required to be filed by the plaintiffs on 07.09.1992. The relevant findings of the learned trial court are quoted herein below:-
(3.) The first appellate court, however, allowed the defendants' appeal vide the judgment and decree dated 29.05.2000 on the ground that judgment of Hon'ble Apex Court in the case of Dadarao & Anr. v. Ramrao & Ors., 1999 8 JT 608, in which construing a negative clause in the Agreement to Sell, where the sale-deed could not be executed, the plaintiff would pay liquidated damages to the defendants/vendor and, therefore, the appellate court felt that the present case also deserves to be tried again in the light of that judgment. The relevant portion of the appellate court's order is also quoted herein below for ready reference:-;