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2023 Supreme(Raj) 443

PUSHPENDRA SINGH BHATI
Bhagirath – Appellant
Versus
Ram Pyari Wife of Late Mani Ram – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Pritam Solanki
For the Respondent: Mr. S.G. Ojha

JUDGMENT :

1. This appeal has been preferred under Section 96 of the Code of Civil Procedure (CPC), 1908, against the judgment and decree dated 07.08.1987 passed by the learned Additional District & Sessions Judge, Raisinghnagar in Civil Original Suit No.35/81 (Mani Ram Vs. Bhagirath & Ors.), decreeing the suit (instituted by the plaintiff-Mani Ram -since deceased, represented through his LRs herein) for specific performance of the contract of sale against the defendants (appellants herein), while also holding the plaintiff entitled to receive the costs of litigation from the defendants (appellants herein).

2. As per the pleaded facts, an agricultural land of Chak no.51 NP bearing murabba no.30 in killa no. 1 to 18 measuring about 14 bighas 6 biswas, was allotted to one Brij Lal (father of appellants/ defendants), since deceased, under the Rajasthan Colonization (Gang Canal Lands Permanent Allotment and Sale) Rules, 1956 (hereinafter referred as ‘Rules of 1956’) on 16.02.1970. Late Brij Lal was required to pay the price of the allotted land according to the rates which were in force at the time of allotment.

2.1. The provisions of the Rajasthan Colonization (General Colony) Conditions

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