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1977 Supreme(P&H) 101

R.S.NARULA
Rama Nand Chaudhary – Appellant
Versus
Bhonri – Respondent


Judgment

1. In January, 1968, one Bhanwar Singh (predecessor-in-interest of respondents Nos. 1 to 1-C) is stated to have entered into an agreement with Rama Nand plaintiff-petitioner for selling a piece of his land to the plaintiff for a consideration out of which Rs. 1,900.00 are alleged to have been paid to him by the plaintiff. Instead of selling that piece of land to the plaintiff, Bhanwar Singh transferred the same along with his other land in favour of Mst. Dodi respondent by a registered sale-deed dated June 12, 1968, for Rs. 17,500. One of the terms of the alleged agreement for sale in favour of the plaintiff-petitioner was that in case of failure of Bhanwar Singh to sell the contracted piece of two kanals of land to him within the stipulated period the plaintiff would be entitled to have a sale of double the land, i. e., four kanals for Rs. 2,400.00. This led to the filing of the plaintiff s suit for specific performance of the agreement to sell in August, 1968. The suit was decreed ex parte in 1969. The application of the defendant, for setting aside the ex parte decreee under Or. 9, R. 13 of the Code of Civil Procedure having been dismissed on August 10, 1973, the defenda







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