2005 Supreme(Raj) 2155
Rajasthan High Court, Jaipur Bench
Honble V.K. BALI, J. Honble AJAY RASTOGI, J.
Jagir Singh - Appellant
Versus
Ranjeet Singh & Ors. - Respondents
D.B. Special Appeal (Civil) No.56 of 1996
Decided On : September 15, 2005
R.K. Agrawal, for Plaintiff-Appellant S.M. Mehta, Sr. Advocate with Anil Mehta, for Defendants- Respondents No.2 to 8
Headnote:Specific Relief Act, 1963, Sec. 20, 19(b) and C.P.C., Order 14 – Specific performance of contract after 28 years – Whether denial of agreement executed between the parties which has been proved by both the Courts would shiff the onus on plaintiff of proving that defendant were bona fide purchaser for value with consideration – Held – Mere denial alone would not be sufficient to shift the onus upon plaintiff to prove that defendant had no notice of earlier agreement and that he had paid the sale consideration to the vendor in good faith. (Paras 19 & 26)
(2). The facts, in so far as the same are necessary for determination of the questions of law framed above, reveal that Jagir Singh, the plaintiff-appellant herein, filed a suit for possession by way of specific performance of an agreement dated 31.1.1977 with regard to the land measuring 58 Bighas 6 Biswas situated in village Chainpura, Tehsil Kishanganj for consideration of Rs.55,000/-, out of which Rs.20,000/- were paid as earnest money at the time of execution of the agreement itself. When, however, Ranjeet Singh, owner of the land, refused to execute the sale deed with regard to the agreement referred to above and when Jagir Singh came to know that Ranjeet Singh had sold the very land subject matter of agreement with him, to defendant Nos.2 to 8, he filed the suit for specific performance. Defendant-respondents, while taking various pleas in opposing the cause of the plaintiff, also set up a prior agreement of sale between Ranjeet Singh and defendants Nos.2 to 8, dated 20.1.1977 (Ex.A.1) on the basis of which they claimed precedence in purchasing the land, over the plaintiff. They also pleaded that they were bona fide purchasers for value and for consideration and without notice of any agreement to sell in favour of the plaintiff. On the aforestated two fold defence projected by them, learned trial court framed besides others, Issue Nos. 4, 6 and 12 reproduced below.
4. Whether the defendant No.1 had no right to sell the disputed agricultural land to the defendant Nos. 2 to 8?
6. Whether the plaintiff is entitled to a decree of specific performance against all the defendants?
12. Whether the defendant No.1 Ranjeet Singh executed an agreement to sale in favour of defendants Nos. 2 to 8 on 20.01.77 in respect of the land in dispute; its effect on the suit?
(3). Learned trial court returned findings on issues reproduced above in favour of the defendants thus resulting into dismissal of the suit by judgment dated 3.1.1986. This constrained the plaintiff to file an appeal which came up before the learned Single Judge of this Court, who while hearing the matter, framed following two questions for consideration:
1. Whether the agreement dt.10.1.77 (Ex.A.1) executed by the defendant No.1 in favour of the defendant Nos. 2 to 8 is forged and was prepared afterwards in order to escape the suit?
2. Whether the defendant Nos. 2 to 8 had knowledge about the agreement Ex.A.1 dated 31.1.1977 executed between the plaintiff and the defendant No.1 but in spite of that they got the sale deed of this land executed and