AVADH BEHARI ROHATGI

( 1 ) THE facts of this case need not be recounted in detail. They arc fully set out in my order dated September 30, 1974, made on I A 1706 of 1974. They are also set out in the order of the appellate bench dated October 17, 1974 which heard the appeal against my order.

( 2 ) ON January 18, 1971, the plaintiff brought a suit for specific performance against the defendant. Specific performance was sought in respect of agricultural land measuring 48 bighas and 10 biswas owned by the defendant in vilage Khampur Sub Tehsil Mehrauh. The defendant had agreed to sell the land to the plaintiff. As he did not convey the property the plaintiff brought the suit.

( 3 ) ON November 1, 1973, before T. P. S. Chawla J, the parties reached a compromise. The terms were reduced to writing. The suit was decreed in terms of the compromise.

( 4 ) THE term of the compromise was that the plaintiff will pay Rs. 50,000. 00 over the original agreed price of Rs. 66. 100. 00 which be had already paid to the dcfendant. The total consideration for the property was, therefore, now agreed at Rs. l,16,100. 00.

( 5 ) IN terms of the compromise the plaintiff has deposited Rs. 50,000, in the Reserv

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