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, 1955 (hereinafter referred as ‘Conditions of 1955’) were applicable as the General Conditions, on which the land was to be granted in a colony. According to condition no.9 (Procedure for Acquisition of Rights) of the Conditions of 1955, all grants made under the allotment rules in Gang Canal Colony area were to be initially on a Gair Khatedari tenancy only and by way of a lease for a period of 10 years from the date of the commencement of the grant or allotment.

2.1.1. Thus, after payment of complete dues to the government, Late Brij Lal would have become entitled to receive a Sanad from the appropriate authority of the Government, conferring upon him a right of a Khatedari Tenancy pertaining to the land. The Sanad, as per the said condition no.9, was to be issued under the signature and seal of the Collector and the Sanad was stipulated to be registered by the grantee (Late Brij Lal – father of the appellants/defendants -in the present case), according to the provisions of the Rajasthan Tenancy Act.

2.2. However, since Late Brij Lal was not having sufficient money to pay the due installments to the State towards the allotment of the land in question, therefore, prior to making such payments, an agreement for sale of the said land was entered into between the grantee-Late Brij Lal (father of the appellants/defendants) and plaintiff-Mani Ram, since deceased, (father of the respondents herein) on 09.09.1974 for a consideration of Rs.29,000/-; out of which Rs.18,200/-was paid (in cash) by plaintiff-Mani Ram to Late Brij Lal, while the remaining amount of Rs. 10,800/-was to be paid by plaintiff-Mani Ram to the State Government, towards the due installments, in pursuance of the allotment of the land in question (made in favour of Late Brij Lal). It was agreed between Late Brij Lal and the plaintiff-Mani Ram, under the said agreement, that the sale deed, in respect of the land in question, would be registered on 15.11.1978, meaning thereby, by that date, the complete payment towards allotment of the land in question in favour of Late Brij Lal, would be duly paid by plaintiff-Mani Ram to the State Government.

2.2.1. In pursuance of the aforementioned sale agreement, plaintiff-Mani Ram accordingly, paid, against the remaining installments to the State Government, Rs.1470/-on 09.09.1974, Rs. 2530/-on 1.03.1976 and Rs. 8000/-on 15.09.1978; thus, in all, a sum of Rs.12,000/-was paid in installments to the State Government by the plaintiff.

2.3. However, before the sale deed in respect of the land in question between Brij Lal and plaintiff-Mani Ram, could be registered on the date (15.11.1978) as mentioned in the sale agreement, Brij Lal passed away in the year 1977; whereupon, plaintiff-Mani Ram approached the legal representatives (appellants/defendants herein)