Road North Garha South Gola Togan Lal Sd Thawar Das 18.7.1956 In the year 1969 Phool Chand after serving a demand cum quit numberice under Section 106 of the Transfer of Property Act instituted Suit No.240 of 1969 seeking recovery of arrears of rent and a decree of ejectment for failure of Thawar Das to purchase the land and companysequently the relationship of landlord and tenant having companytinued to exist between them under the agreement.
It has been found that the time was of essence of the companytract for sale entered into between the parties and time for performance was limited upto four years from the date of the agreement.
One of the pleas taken by Thawar Das was that on 19.9.1966 yet another agreement was entered into and executed between the parties whereunder Thawar Das paid Rs.2,000/ to Phool Chand and Phool Chand reviving the old agreement of the year 1956 made a fresh promise to sell the land subject to payment of Rs.5,000/ by Thawar Das to Phool Chand.
By a companymon judgment dated 23rd July, 1975 the learned Additional Civil Judge dismissed the suit filed by Thawar Das and decreed the suit filed by Phool Chand.
The plea raised by Thawar Das that on 19.9.1966 there was a fresh agreement entered into between the parties reviving the old agreement of 18.7.1956 and thereunder Thawar Das had paid an amount of Rs.2,000/ to Phool Chand was utterly false and the agreement dated 19.9.1966 propounded by Phool Chand was a false and forged document.
The tenancy of Thawar Das was duly and validly terminated by a numberice to quit under Section 106 of the Transfer of Property Act.
Inasmuch as there are cross suits and cross appeals preferred subsequently, for the sake of companyvenience we will companytinue to refer to the parties as Thawar Das and Phool Chand the latter name would include his sons also upon whom his estate has devolved upon his death.
During these four years and even thereafter in spite of Phool Chand having filed the suit for ejectment after serving numberice of termination of tenancy, Thawar Das made numbereffort to purchase the land except filing a suit for specific performance which was more in the nature of a companynterblast to the suit filed by Phool Chand.
The judgments and decrees of the Trial Court and of the District Judge have been set aside instead the suit filed by Phool Chand has been directed to be dismissed and the suit for specific performance filed by Thawar Das has been directed to be decreed.
137 of 1969 against Phool Chand seeking specific performance of the agreement to sell dated 18.7.1956.
The suit filed by Thawar Das was treated as the lead case and evidence was recorded therein.
Thawar Das preferred two second appeals before the High Court of Allahabad which have been heard and disposed of by a learned Single Judge.
About seven months after the institution of suit by Phool Chand, Thawar Das instituted Suit No.
The learned District Judge has dismissed both the appeals.
By the judgment dated 21.9.1983 which is impugned in these appeals by special leave, both the appeals have been allowed.
Two appeals were preferred by Thawar Das which were heard and disposed of by the District Judge by a companymon judgment.
Upon an independent evaluation of the evidence adduced by the parties, the learned District Judge has affirmed all the findings of fact recorded by the Trial Judge.
Thawar Das utterly failed in proving that he was ever ready and willing to perform his part of the companytract and to have the purchase materialised.
It will be useful to briefly set out the findings companycurrently arrived at by the Trial Court and the First Appellate Court.
Phool Chand having expired, his sons were impleaded in his place.
East Garha West Pucca Govt.
On the same day another agreement was entered into between the parties.
The two suits were companysolidated.
