Case: Urmila Devi &amp; Others Vs. The Deity, Mandir Shree Chamunda Devi, Through Temple Commissioner &amp; Others

3. The brief facts of the case which are necessary to notice for deciding the appeal are:Respondent Nos.2 to executed an agreement to sell dated 19.04.1989 in favour of of Krishan Lal, theof the appellants for sale of their 5/16th share in Khasra Nos.430 and 431 equal to 02257 hectares for consideration of Rs.90,000/. Respondent Nos.2 to 6 received full consideration of Rs.90,000/and handed over possession to the plaintiff. The plaintiff after getting possession constructed three shops in the suit land. Respondent Nos.2 to 6 executed a gift deed in favour of respondent No.1 of the suit land on 08.07.1991. When in spite of respondents having received the entire sale consideration the sale deed was not executed and with mala fide intention the gift deed was executed in favour of respondent No.1. Civil Suit No.148 of 1991 was filed by Krishan Lal. Written statements were filed by defendant Nos.1 to 5 jointly and separate written statement was filed by defendant No.6 who is respondent No.1 in the present appeal. It was admitted to all defendants that the suit land has been gifted in favour of defendant No.6 by gift deed dated 08.07.1991. The execution of agreement to sell was not disputed and the receipt of total sale consideration was also not denied. The trial court decreed the suit vide its judgment and order dated 31.03.1999. The trial court declared that gift deed executed by defendant Nos.1 to 5 in favour of defendant No.6 is null and void to the extent they relate to the doners 5/16th share in the suit land that was agreed to be sold by them to the plaintiff, decree of specific performance was granted in favour of the plaintiff against defendant Nos.1 to 5. The appeal was filed by defendant No.6 only against the judgment of the trial court which was also dismissed by the First Appellate Court vide its judgment dated 17.12.2001. Defendant No.6 filed Regular Second Appeal in the High Court being RSA No.117 of 2002. During pendency of the second appeal in the High Court notification under Section 4 of the Land Acquisition Act dated 22.12.2005 was issued for acquisition of suit land. An award dated 10.06.2008 was also given for the land as well as three shops which were constructed in the suit land. The name of defendant No.6 being recorded in the Revenue records compensation was awarded in favour of defendant No.6.4. Before the High Court a submission was raised on behalf of defendant No.6 that the land has been acquired during the pendency of Regular Second Appeal, the decree of the specific performance cannot be maintained. The High Court agreeing with the submission of defendant No.6 modified the decree by ordering respondent Nos.2 to 6 to pay a sum of Rs.90,000/to the plaintiff with interest @ 9% per annum from the date of filing of the suit. The plaintiff through legal heirs aggrieved by the said judgment has come up in this appeal.

Reasoning: 9. From the facts and material on record, it is undisputed that agreement to sell was executed by defendant Nos.1 t 5 in favour of the plaintiff and entire sale consideration of Rs.90,000/was received and possession was delivered in the year 1989 itself. Plaintiff constructed three shops on the suit land. Plaintiffs case that to defeat the rights of the plaintiff a gift deed dated 08.07.1991 was executed by defendant Nos.1 to 5 in favour of defendant No.6 has been accepted by courts below which have declared the gift deed as null and void. The decree for specific performance was granted by the trial court, it was confirmed by the First Appellate Court. The suit land was acquired and compensation was determined in favour of defendant No.6 whose name was recorded in the Revenue records. No objection can be taken to the view of the High Court that consequent of the acquisition of suit land under the land acquisition proceedings decree of specific performance granted in favour of plaintiff could not have been maintained.From materials brought on record, it does appear compensation was determined in favour of defendant No.6 to the extent of amount of Rs.10,03,743/. It also appears that compensation towards shops was also determined. The name of defendant No.6 being recorded in the Revenue records, compensation was determined in its favour. In view of the judgment and decree of courts below whereby the gift deed dated 08.07.1991 has been declared void, defendant No.6 is left with no right in the suit land and is clearly not entitled to receive any amount consequent to the acquisition of the suit land. It has not come on the record as to whether compensation consequent to the acquisition of the suit land has been received by defendant No.6(respondent No.1 to the appeal) or not.