The defendants wrongfully debited interest and failed to transfer possession as per the agreement; the plaintiff had not defaulted on payments.

Judgment :

1.This civil first appeal has been filed by the appellants- defendants (for short 'the defendants') against the judgment and decree dated 08.04.2019 passed by Additional District Judge No.3, Jaipur Metropolitan (for short 'the trial Court') in civil suit No. 47/2001 (1518/2014), whereby the trial Court decreed the respondent-plaintiff's (for short 'the plaintiff') suit for declaration and mandatory injunction.

2. Plaintiff filed a suit against the defendants on account of debiting the amount of interest from the account of plaintiff by them and to restrain them from selling/transferring the land in dispute and handing over the vacant possession of the land to the plaintiff after removing the Plants and Machinery therefrom.

3. Brief facts of the case are that defendant No. 1 had published an advertisement in a daily newspaper Rajasthan Patrika on 19.11.1988 for auctioning the land and building of M/s Premier Metal Industries Pvt. Ltd. situated at 47, Industrial Area, Jhotwara, Jaipur, which was acquired by the defendants in May, 1987 under Section 29 of theState Financial Corporation Act, 1951, on account of default in repayment of loan by M/s Premier Metal Industries Pvt. Ltd. Plaintiff being the highest bidder submitted his bid to purchase the disputed land to the tune of Rs. 15,12,000/- which was accepted and approved by the defendant No. 1 vide its letter No. JP-111051-P-1251 dated 02.12.1988. As per the terms of the letter dated 02.12.1988, plaintiff had to pay 25% of the bid amount i.e. Rs. 3,78,000/- including the amount of earnest money of Rs. 55,000/- to the defendant No. 1 within the stipulated period and rest of the bid amount was to be paid within 5 years in 19 quarterly installments. The plaintiff deposited the amount of Rs.3,78,000/- including the earnest money. Thereafter, agreement was executed between them on 06.01.1989 and possession of land and building was not handed over to the plaintiff after removing the plant and machinery therefrom.

4. Defendants filed written statement and denied the averments made in the suit. It was categorically mentioned that they had handed over the possession of the said land and building on the execution of the agreement to sell dated 06.01.1989. As per clause 4 of the agreement, the possession of the land and building was handed over. Dispute is pertaining to the Plant and Machinery. The same are lying there on account of the execution petition filed by Canara Bank against M/s Premier Metal Industries Pvt. Ltd. for recovery of outstanding loan amount. So, defendant had no liability to remove the plant and machinery. Plaintiff had not complied with the agreement ad verbatim and had not paid the installments of the balance amount. So, on account of default in payment of installments of sale price, the defendants are entitled to get interest @ 21% per annum. So, auction of the defendant was not arbitrary. Defendants are entitled to get entire amount of Rs. 85,32,287/- inclusive interest. So, suit filed by the plaintiff be dismissed.

5. On the basis of the pleadings of the parties, the trial court framed following issues:-

1- vk;k oknhx.k izfroknhx.k ds fo:) bl vk'k; dh ?kks"k.kkRed fMdzh izkIr djus ds vf/kdkjh gSa fd izfroknhx.k us tks oknh QeZ ds [kkrs esa xSjdkuwuh :i ls] euekus rjhds ls] fcuk fdlh vf/kdkj ds o fcuk lwpuk fn;s C;kt dh jkf'k dks oknh QeZ ds [kkrs esa MsfcV fd;k gS] tks d`R; xSjdkuwuh] voS/k gksus ls 'kqU; ?kksf"kr fd;s tkus ;ksX; gS\

2- vk;k izfroknhx.k us lsy ,xzhesaV fnukad 06-01-1989 dh 'krksZa dh iw.kZ :i ls vogsyuk dh gS ftl dkj.k oknh izfroknhx.k ds fo:) bl vk'k; dk ?kks"k.kkRed vuqrks"k izkIr djus dk vf/kdkjh gS fd izfroknhx.k dks tc ls lsy ,xzhesaV gqvk gS] mlds ckn ls vkt rd fdlh izdkj dk C;kt oknh QeZ ds [kkrs esa MsfcV djus dk vf/kdkj ugha gS\