Madina Begun & Anr vs Shiv Murti Prasad Pandey & Ors

3. There was a dispute about the title of the entire aforesaid land and to resolve that dispute, Gulab Bai claiming to be the owner and in possession of the entire land, filed Suit No. 479A of 1994 in the Court of the Additional District Judge in Jabalpur. The defendants in the suit were Amar Singh and Jaswant Singh. The prayer made by Gulab Bai in her plaint was for a declaration with regard to her title and possession. She also prayed for an injunction restraining the defendants Amar Singh and Jaswant Singh from interfering with her possession.

4. On 2nd August, 2001 the suit was decreed in favour of Gulab Bai and thereafter on 3rd September, 2001 she entered into an agreement to sell 1.63 acres of agricultural land being the disputed property to Madina Begum. The consideration for the sale was Rs. 4,89,000/- out of which an advance of Rs. 1,25,000/- was paid by Madina Begum to Gulab Bai. This fact is recorded in the agreement to sell.

7. On 16th November, 2001 Gulab Bai executed a Will (which was registered) in which she categorically mentioned that she had negotiated the sale of 1.63 acres of land to Madina Begum and had given possession thereof to her but the remaining amount and registration of the sale remained to be completed. In her Will, Gulab Bai appointed Shiv Murti Prasad Pandey and Devendra Prasad Pandey (respondents herein) as her executors. The Will mentioned that upon her demise, her agricultural land except 1.63 acres will devolve on Shiv Murti Prasad Pandey and Devendra Prasad Pandey and in the event of her death before the registration of the sale deed it would be their responsibility to execute and register the sale deed in favour of Madina Begum. Unfortunately, Gulab Bai passed away on 2nd January, 2002.

9. Upon the dismissal of the aforesaid appeal, it appears that Madina Begum required Shiv Murti Prasad Pandey and Devendra Prasad Pandey to execute the sale deed but apparently they did not take any steps in this regard. On the contrary, it appears that on or about 2nd August, 2008 the land in dispute was mutated in the name of Anita Jain pursuant to a sale made in her favour by Shiv Murti Prasad Pandey and Devendra Prasad Pandey.

10. When Madina Begum came to know of the transfer of the disputed land, she sent a notice to Shiv Murti Prasad Pandey and Devendra Prasad Pandey on 13th August, 2008 calling upon them to execute the sale deed in terms of the agreement to sell dated 3rd September, 2001 and the Will executed by Gulab Bai on 16th November, 2001. The notice was replied to by Shiv Murti Prasad Pandey and Devendra Prasad Pandey and we are told that they declined to execute the sale deed. This led to Madina Begum filing a suit, inter alia, for specific performance of the agreement being Suit No. 17A of 2008 (perhaps renumbered later as 41A of 2010) in the Court of the Additional District Judge, Jabalpur.

11. The defendants in the suit namely Shiv Murti Prasad Pandey and Devendra Prasad Pandey and Anita Jain filed their written statement and one of the contentions raised was that the suit was barred by limitation having been instituted more than three years beyond the date specified in the agreement to sell dated 3rd September, 2001. It was also submitted that Madina Begum had given an advance of only Rs. 90,000/- which had since been returned to her and that on 19th November, 2001 the agreement to sell between Gulab Bai and Madina Begum was cancelled.

3. The seller covenants with the purchaser that efforts will be made with the Bangalore Development Authority for the transfer of the schedule property in favour of the purchaser after paying penalty. In case it is not possible then the time stipulated herein for the balance payment and completion of the sale transaction will be agreed mutually between the parties.”

27. In view of our discussion, the appeal is allowed and the impugned judgment and order of the High Court dated 16th August, 2013 is set aside and the matter is remanded to the High Court for deciding the remaining issues in the appeal on merits.