Hon'ble JAIN, J.—This intra-court appeal is directed against order of Single Bench dated 5.8.1986, whereby S.B. Civil First Appeal No.211/1972 filed by plaintiff/appellant has been dismissed in view of finding on Issue No.5.

2. Facts of the case, in brief, are that on 26th October, 1963, the plaintiff/appellant filed a suit for specific performance in the Court of District Judge, Jaipur City against defendants Nos. 1 to 8, wherein was pleaded that Seth Shri Ghanshyam Das Ji Birla visited Jaipur in August, 1959 and on that occasion inspired by the feelings that Municipal Council, Jaipur had no Town Hall, he offered to donate a good amount of Rs.10 Lacs for the construction of the same, provided Municipal Council, Jaipur could make available a suitable site at a prominent place in the city of Jaipur for its due construction. With the above aim, the Administrator, Municipal Council, Jaipur and Chairman, Urban Improvement Board, Jaipur approved the property belonging to Seth Hamir Mal Golecha – defendant no.1, situated on Sir Mirza Ismail Road, Jaipur, just opposite Government Hostel, Jaipur, as appropriate site for the proposed town hall. This property consisted of the plot of land with construction over it bounded on all sides by compound walls. The land was known as Aaloo Factory. The particulars of the property were described in Schedule-A appended with the plaint. The measurement of the property was described as 440 ft. towards east-west and 397 ft. towards north to south. The said property was originally belonging to Raja Govind Singh Ji S/o Raja Sawai Madho Singh Ji of Jaipur, but by sale-deed dated 6th March, 1959 registered on 2nd December, 1959, it was purchased by defendant No.1 Seth Hamir Mal Golecha. The then Administrator entered into an agreement with defendant No.1 for the purchase of said property for a consideration of Rs. 1,57,000/- and the cost of Malwa of the construction (structure) on the said land at the value to be assessed by the PWD, Jaipur. But it was stipulated that in no case cost of Malwa will be more than Rs.23,000/-. Accordingly, an agreement was executed on 29th October, 1960 by defendant No.1 in favour of Municipal Council, Jaipur City through its Administrator. The terms and conditions of the agreement (Ex.1) were incorporated in para 4 of the plaint, which are reproduced as under:-

“(i) That the price of the land mutually settled was at Rs.1,57,000/-. Out of which the Municipal Council, shall pay Rs. 30,000/- as advance towards the sale price;

(ii) That the price of the Malba of the constructions over the land shall be paid according to the value of the Malba which will be assessed by the P.W.D., Jaipur and this assessed value shall be binding on the parties. But it shall not in any case be paid more than rupees 23,000/-.

(iii) That the seller shall execute the sale deed in favour of the Municipal Council, within the period of one and a half months from 29th October, 1960 – the date of the agreement for sale;

(iv) That the expenses for the stamps and registration of the sale deed shall be borne by the purchaser;

(v) That if the seller will fail to get the sale deed executed and presented before the Sub Registrar for registration within the stipula-ted period, the seller shall be liable to refund the advance amount and in addition he shall pay Rs.25,000/- as liquidated damages, which amount having been pre-estimated as reasonable compensation for the breach of the contract payable to the Municipal Council;

(vi) That the balance of the sale price will be paid by the Municipal Council to the seller at the time of registration of the sale deed. In case the Municipal Council, failed to make the payment of the balance amount of the sale price at the time of registration, the advance amount shall stand forfeited;”

3. The plaintiff paid a sum of Rs. 30,000/- through cheque on 29th October, 1960 as agreed. The remaining amount was to be paid within 1½ months. However, defendant No.1 approached the Administrator

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