Heard Shri Madan Mohan, learned counsel for the appellant and Shri Pankaj Agarwal, learned counsel for the respondents who has appeared through caveat for quite some time.
This second appeal arises out of Original suit no.958 of 2005 which was decreed on 28.1.2011 by Additional Civil Judge (Senior Division)/Judge Small Causes Court, Aligarh on 28.1.2011 for specific performance of agreement for sale. Against the said judgment and decree defendant-appellant filed Civil Appeal No.36 of 2011 which was dismissed on 3.8.2011 by Additional District Judge, Court No.16, Aligarh hence this second appeal. Through the impugned judgment it was found that defendant-appellant had in-fact executed agreement for sale on 26.9.2003 in respect of agricultural land comprised in plot no.259 area 3.016 hectare in favour of plaintiff-respondent and that the agreed sale consideration was Rs.4 lacs out of which Rs.3 lacs had been received at the time of execution of agreement for sale.
Just after start of the argument the court was of the tentative opinion that the only point which could be involved in this appeal was regarding inadequacy of sale consideration. Learned counsel for both the parties particularly learned counsel for the appellant agreed that in case he was not able to satisfy the court that no other substantial question of law was involved in this appeal then appeal might be decided forthwith on the above question.
I am not convinced that any other point is involved in this second appeal.
However, the plaintiff-respondent himself stated before the trial court that the market value in the year 2003 when agreement for sale was executed might be in between Rs.25,000/- to Rs.30,000/- per kacha bigha. Area of the land in dispute is about 40 kacha bigha which according to the learned counsel for both the parties in terms of hectare comes to 3.016 hectare. At the rate of Rs.25,000/- the market value will come to Rs.10 lacs.
The Supreme Court in Pratap Lakshman Muchandi and others vs. Shamlal Uddavadas Wadhwa and others A.I.R. 2008 S.C. 1378 has held that if litigation remains pending for a long time and there is steep rise in the price then while decreeing the suit for specific performance higher amount may be directed to be paid by the plaintiff-vendee. On the same principle if the agreed sale consideration in agreement for sale appears to be grossly inadequate (not merely inadequate) then the court while granting the equitable relief of specific performance of the agreement for sale can direct payment of reasonable amount. In my opinion the courts below committed an error of law in not addressing themselves on this point.
Accordingly, in my opinion the only relief which may be granted to the appellant is that respondent-plaintiff may be directed to pay Rs.4 lacs more.
Second appeal is therefore disposed of. Impugned judgment and decree is substantially affirmed. However, it is varied only to the extent that respondent-plaintiff is directed to pay Rs.4 lacs more. The amount may be deposited before the executing court within three months and if within two weeks from the deposit of the additional amount of Rs.4 lacs (in addition to Rs.1 lac to be paid under the agreement) sale deed is not executed by the appellant then the Executing Court shall forthwith execute the sale deed and deliver possession of the land in dispute to the plaintiff-respondent.
Order Date :- 18.10.2011 RS