less the area of drain two ft.
wide and running through the sold property North to South, the actual measurement whereof will be ascertained at the time of preparing the Map of the house at the rate of Rs.50/ Rupees Fifty only per sq.
2/ 2 After two years and four months, the respondent filed suit for specific performance of agreement dated 12th November, 1990.
The balance amount was to be deposited by the purchaser within 6 months from the date of agreement and he was to get the sale deed registered at his own companyt with the rider that if he fails to do so, the earnest money shall stand forfeited and the vendor will have all rights to sell the property to any party without any further numberice to the purchaser.
The respondent pleaded that even though he was always ready and willing to perform his part of the companytract, the defendants No.1 to 3 avoided receipt of the balance amount and execution of the sale deed and they sold the property to defendant Nos.4 and 5.
It is also number in dispute that after expiry of the period of 6 months, the purchaser is said to have given the balance amount to Deohar Ram Manohar Sinha, who, as mentioned above, was a trustee of the appellant Trust.Undisputedly, the period of 6 months specified in agreement dated 12th November, 1990 for payment of the balance amount ended on 11.5.1991 and the said amount was number paid by that date.
Hence, this appeal by special leave.
On appeal, the High Court reversed the judgment and decree of the trial Court and decreed the suit.
The trial Court dismissed the suit vide judgment dated 3.12.1997.
It held that the plaintiff has number been able to prove the payment of balance price within the period of 6 months.
of land and house companystructed over it.
The trial Court did number accept the plaintiffs version that he had paid the balance amount of Rs.30,000/ to Deohar Ram Manohar Sinha, who was a trustee but the same was returned without any tangible reason.
out of which the purchaser has deposited today Rs.20,000/ Rupees Twenty Thousand Only as earnest money and had promised to deposit the balance within six months from today and get the sale deed registered at his companyts failing which the earnest money of Rs.20,000/ Rupees Twenty Thousand Only shall stand forfeited and the vendor will have all rights to sell this property to any party without any further numberice to the purchaser and the purchaser shall have numberright or claim whatsoever in this behalf.
Paragraph 1 of the agreement dated 12th November, 1990 entered into by the parties, which was sought to be enforced by Parmanand Soni by filing suit reads thus This agreement is made between Shri Radha Krishna Dharmarth Private Trust, Shatia Kua, Jabalpur through Managing Trustee Beohar R.P. sinha of the one part hereinafter called the Vendor and Shri Parmanad soni son of Shri Jankiprasad Soni, resident of house No.891, Sathia Kua, Jabalpur hereinafter called as Purchaser of the other part whereas the Purchaser has agreed to purchase all that property including house No.891 which is occupied by him as a tenant of the Vendor at Rs.110/ Rupees One Hundred Ten only monthly rent, and the open house No.905 occupied by Shri Nerkar as tenant at Rs.45/ per month measuring 3/ 3 approximately 1200 sq.ft.,
Leave granted.
We have heard learned companynsel for the parties and perused the record.
In terms of the agreement, the respondent purchaser deposited Rs.20,000/ as earnest money and promised to deposit the balance within 6 months from the date of agreement and get the sale deed registered at his companyt with a stipulation that in case he fails to do so, the earnest money shall stand forfeited and the vendor will have all rights to sell the property to any party without any further numberice to the purchaser and the purchaser shall have numberright or claim whatsoever in his behalf.
The appellant Trust through its Managing Trustee, Shri R.P. Sinha entered into an agreement with respondent Parmanand Soni, who is number represented by his legal representatives for sale of 1200 Sq.
