IN THE HIGH COURT OF MADHYA PRADESH AT JABALPUR BEFORE HON'BLE SHRI JUSTICE GURPAL SINGH AHLUWALIA ON THE 2^nd OF FEBRUARY, 2023 FIRST APPEAL No. 265 of 1996 BETWEEN:-

RAM RAJA TIWARI, AGED ABOUT 80 YEARS, S/O DWARKA PRASAD TIWARI, R/O VILLAGE MANWADA: TAHSIL BAWAI, DISTRICT HOSHANGABAD (MADHYA PRADESH) (DELETED) 1. SMT. VIMLA BAI W/O RAM RAJA TIWARI, AGED ABOUT 70 YEARS, R/O VILLAGE MANWADA TEHSIL BAWAI DISTRICT HOSHANGABAD (MADHYA PRADESH)

2. VIMAL KUMAR S/O SHRI RAM RAJA TIWARI, AGED ABOUT 38 YEARS, R/O VILLAGE MANWADA TEHSIL BAWAI DISTRICT HOSHANGABAD (MADHYA PRADESH)

3. RAM KUMAR S/O SHRI RAM RAJA TIWARI, AGED ABOUT 36 YEARS, R/O VILLAGE MANWADA TEHSIL BAWAI DISTRICT HOSHANGABAD (MADHYA PRADESH)

4. SUSHIL KUMAR S/O SHRI RAM RAJA TIWARI, AGED ABOUT 34 YEARS, R/O VILLAGE MANWADA TEHSIL BAWAI DISTRICT HOSHANGABAD (MADHYA PRADESH)

5. SUNIL KUMAR S/O SHRI RAM RAJA TIWARI, AGED ABOUT 32 YEARS, R/O VILLAGE MANWADA TEHSIL BAWAI DISTRICT HOSHANGABAD (MADHYA PRADESH)

6. ANIL KUMAR S/O SHRI RAM RAJA TIWARI, AGED ABOUT 30 YEARS, RESIDENT OF VILLAGE MANWADA TEHSIL BAWAI DISTRICT HOSHANGABAD (MADHYA PRADESH)

7. AWADESH KUMAR S/O SHRI RAM RAJA TIWARI, AGED ABOUT 28 YEARS, RESIDENT OF VILLAGE MANWADA TEHSIL BAWAI DISTRICT HOSHANGABAD (MADHYA PRADESH)

8. KU. DEEPA TIWARI D/O SHRI RAM RAJA TIWARI, AGED ABOUT 26 YEARS, RESIDENT OF VILLAGE MANWADA TEHSIL BAWAI DISTRICT HOSHANGABAD (MADHYA PRADESH)

9. KU. KASHOMA TIWARI D/O SHRI RAM RAJA TIWARI RESIDENT OF VILLAGE MANWADA TEHSIL BAWAI DISTRICT HOSHANGABAD (MADHYA PRADESH)

.....APPELLANT (BY SHRI AYUSH CHOUBEY - ADVOCATE)

AND

1. SHRAWAN KUMAR S/O SITA RAM DIWAN, AGED ABOUT 36 YEARS, OCCUPATION: SERVICE RESIDENT OF VILLAGE MANWADA TEHSIL BAWAI DISTRICT HOSHANGABAD (MADHYA PRADESH)

2. STATE OF MADHYA PRADESH THROUGH THE COLLECTOR HOSHANGABAD (MADHYA PRADESH)

.....RESPONDENTS (BY SHRI RAJESH MAINDIRATTA - ADVOCATE)

This appeal coming on for hearing this day, the court passed the following:

JUDGMENT

1. This First Appeal under Section 96 of CPC has been filed against the Judgment and Decree dated 12-2-1996 passed by 2^nd Additional District Judge, Hoshangabad, in C.S. No. 87A/1984.

2. The Appellants are the Legal Representatives of original defendant Shri Rajaram Tiwari, who died during the pendency of the suit.

3. The Plaintiff filed a suit for specific performance of Contract claiming that the plaintiff and the defendant are the residents of vilage Manwada. On 25-3-1990, the defendant no. 1 Shri Rajaram Tiwari entered into a contract to sell Khasra No. 468,469 total area 3.44 acres of land situated in village Manwada, for a consideration of Rs. 1,500/- per Kada. An amount of Rs. 1001/- was paid in advance and it was agreed that the remaining amount shall be paid before the Registrar. It was also agreed that the Sale deed shall be executed by 25-4-1990. The boundaries of the land was Public way on the East, Agricultural field of Daulat Chamar on West, Land of Ramkali Bai on North and Canal on South. It was further pleaded that the defendant was the owner of total area of 14.33 acres of land and he has already alienated 4 acres of land to Gorelal, 1 acre of land to Radhnabai, 1 acre of land to Daulatram, 2.32 acres of land to Beni Prasad and 0.50 acres of land to Smt. Radhobai 2.03 acres of land was given to irrigation department. However, the defendant did not execute the sale deed of 3.44 acres of land, therefore, the plaintiff sent a registered notice on 31-5-1990 which was received by him on 2-6-1990. However, the sale deed has not been executed therefore, the suit was filed. It was further pleaded that the total cost of 3.44 acres of land comes to Rs. 30,750 @ 1500/-

per Kada.

4. The Appellants filed their written statement and denied the plaint averments. It was submitted that the original defendant is a Freedom Fighter and by order dated 19-9-1972, the SDO, Hoshangabad had granted temporary lease of Kh. No. 468 area 4.75 acres and Khasra No. 469 area 9.60 acres and accordingly Patta in form “E” of Revenue Book Ci