- (1.)This is defendant's second appeal. It arises out of original suit No. 287 of 1977 filed by Sher Singh, respondent for specific performance of an agreement dated 20-11-1973 with regard to a piece of land area 9 Biswa pukkha of the Khasra No. 581 in village Bhoken after getting Rs. 500/- from the plaintiff.
(2.)The plaint was instituted on the pleas iner alia that the defendants are bhumidhar of Khasra No. 581 area 9 biswa situate in village Bhoken of which the plaintiff had been in possession, but in revenue record the names of defendants were there. The defendants on 20-11 -1973 agreed to sell the aforesaid piece of land for a sum of Rs. 3.000/- out of which Rs. 2.500/- was paid and it was received by the defendants towards part payment of the amount. Remaining Rs. 500/- was to be paid at a time of the execution of the sale deed. The defendants have failed to execute the sale deed within time stipulated in the agreement and the plaintiff has always been ready and willing to get the sale deed executed, filed a suit after giving registered notice dated 5-5-1977. The defendants having failed to execute the sale deed, hence the suit, for specific performance of contract to sell.
(3.)The defendants contested the suit by filing a joint written statement and they sub stantially denied the plaint allegation. The main defence was that the plaintiff and one Adia conspired for usuring the disputed land. The defendants were away in the city in connection with their employment, permitted the plaintiff who is related to them to look after land in question. The plaintiff informed the defendant that Adia, a harijan will get the land as certain laws are giving into existence in favour of harijans. To save the land on the advice of the plaintiff the defendant executed an agreement to sell the land to him with the understanding that the agreement to sell shall be a showy agreement. The receipt of Rs. 2.500/- by the defendant was denied. Adia did file an application before S.D.O., Ghaziabad for declaration of his right in the disputed land which was dismissed and the appeal is pending before the Commissioner, Meerut. The disputed land is not worth less than Rs. 15.000/- and no question to sell it at a throw away price of Rs. 3.000/- arises.