Judgment : 1. This civil first appeal has been filed by the appellants- defendants (for short 'the defendants') against the judgment and decree dated 08.04.2019 passed by Additional District Judge No.3, Jaipur Metropolitan (for short 'the trial Court') in civil suit No. 47/2001 (1518/2014), whereby the trial Court decreed the respondent-plaintiff's (for short 'the plaintiff') suit for declaration and mandatory injunction. 2. Plaintiff filed a suit against the defendants on account of debiting the amount of interest from the account of plaintiff by them and to restrain them from selling/transferring the land in dispute and handing over the vacant possession of the land to the plaintiff after removing the Plants and Machinery therefrom. 3. Brief facts of the case are that defendant No. 1 had published an advertisement in a daily newspaper Rajasthan Patrika on 19.11.1988 for auctioning the land and building of M/s Premier Metal Industries Pvt. Ltd. situated at 47, Industrial Area, Jhotwara, Jaipur, which was acquired by the defendants in May, 1987 under Section 29 of the State Financial Corporation Act , 1951, on account of default in repayment of loan by M/s Premier Metal Industries Pvt. Ltd. Plaintiff being the highest bidder submitted his bid to purchase the disputed land to the tune of Rs. 15,12,000/- which was accepted and approved by the defendant No. 1 vide its letter No. JP-111051-P-1251 dated 02.12.1988. As per the terms of the letter dated 02.12.1988, plaintiff had to pay 25% of the bid amount i.e. Rs. 3,78,000/- including the amount of earnest money of Rs. 55,000/- to the defendant No. 1 within the stipulated period and rest of the bid amount was to be paid within 5 years in 19 quarterly installments. The plaintiff deposited the amount of Rs.3,78,000/- including the earnest money. Thereafter, agreement was executed between them on 06.01.1989 and possession of land and building was not handed over to the plaintiff after removing the plant and machinery therefrom. 4. Defendants filed written statement and denied the averments made in the suit. It was categorically mentioned that they had handed over the possession of the said land and building on the execution of the agreement to sell dated 06.01.1989. As per clause 4 of the agreement, the possession of the land and building was handed over. Dispute is pertaining to the Plant and Machinery. It was categorically mentioned that they had handed over the possession of the said land and building on the execution of the agreement to sell dated 06.01.1989. As per clause 4 of the agreement, the possession of the land and building was handed over. Dispute is pertaining to the Plant and Machinery. The same are lying there on account of the execution petition filed by Canara Bank against M/s Premier Metal Industries Pvt. Ltd. for recovery of outstanding loan amount. So, defendant had no liability to remove the plant and machinery. Plaintiff had not complied with the agreement ad verbatim and had not paid the installments of the balance amount. So, on account of default in payment of installments of sale price, the defendants are entitled to get interest @ 21% per annum. So, auction of the defendant was not arbitrary. Defendants are entitled to get entire amount of Rs. 85,32,287/- inclusive interest. So, suit filed by the plaintiff be dismissed. 5. So, on account of default in payment of installments of sale price, the defendants are entitled to get interest @ 21% per annum. So, auction of the defendant was not arbitrary. Defendants are entitled to get entire amount of Rs. 85,32,287/- inclusive interest. So, suit filed by the plaintiff be dismissed. 5. On the basis of the pleadings of the parties, the trial court framed following issues:- 1- vk;k oknhx.k izfroknhx.k ds fo:) bl vk'k; dh ?kks"k.kkRed fMdzh izkIr djus ds vf/kdkjh gSa fd izfroknhx.k us tks oknh QeZ ds [kkrs esa xSjdkuwuh :i ls] euekus rjhds ls] fcuk fdlh vf/kdkj ds o fcuk lwpuk fn;s C;kt dh jkf'k dks oknh QeZ ds [kkrs esa MsfcV fd;k gS] tks d`R; xSjdkuwuh] voS/k gksus ls 'kqU; ?kksf"kr fd;s tkus ;ksX; gS\ 2- vk;k izfroknhx.k us lsy ,xzhesaV fnukad 06-01-1989 dh 'krksZa dh iw.kZ :i ls vogsyuk dh gS ftl dkj.k oknh izfroknhx.k ds fo:) bl vk'k; dk ?kks"k.kkRed vuqrks"k izkIr djus dk vf/kdkjh gS fd izfroknhx.k dks tc ls lsy ,xzhesaV gqvk gS] mlds ckn ls vkt rd fdlh izdkj dk C;kt oknh QeZ ds [kkrs esa MsfcV djus dk vf/kdkj ugha gS\ 3- vk;k izfroknhx.k us uhykeh dh 'krksZa dh iw.kZ :i ls vogsyuk dh gS rFkk oknh QeZ fdlh izdkj dk dksbZ default jde vnk;xh esa ugha fd;k gSA oknh QeZ lsy ,xzhesaV ds rgr vius dk;Z dks iwjk djus ds fy, igys Hkh rS;kj Fkh o vkt Hkh gS] ckcr oknh izfroknhx.k ds fo:) mDr ?kks"k.kkRed vuqrks"k izkIr djus dk vf/kdkjh gS\ 4- vk;k oknh izfroknhx.k ds fo:) iwoZ esa oknhx.k ds [kkrs esa tks C;kt izfroknh QeZ ds [kkrs esa MsfcV fd;k gS ml C;kt ds leLr banzkt ckcr ?kks"k.kkRed vuqrks"k izkIr djus dk vf/kdkjh gS\ 5- vk;k oknh izfroknh QeZ ds fo:) IykWV la 47 >ksVokM+k vkS|ksfxd {ks= ftldk fooj.k okn i= ds en la0 5 esa vafdr gS] ckcr blh rjg dk uk dksbZ usxksf'k;s'ku okrkZyki fodz; vuqca/k] izys[k] MhM o vU; fdlh izdkj dk nLrkost fdlh O;fDr laLFkk] QeZ] daiuh o vU; fdlh ds gd esa fu"ikfnr u djus] uk gh djkus o Hkfo"; esa fdlh rjg dk dksbZ C;kt oknh QeZ ds [kkrs esa MsfcV u djus ckcr LFkkbZ fu"ks/kkKk dh fMdzh ls ikcUn djkus dk vf/kdkjh gS\ 6- vk;k oknh QeZ izfroknh QeZ ds fo:) fcuk fdlh foyac ds oknh QeZ dks tks laifRr fodz; dh x;h gS mldk okLrfod dCtk oknh QeZ dks laHkkyus o tks IykaV o e'khujh IykWV la0 47 esa yxh gq;h gS mldks gVokus ckcr vkns'kkRed fu"ks/kkKk dh fMdzh ls ikcUn djkus dk vf/kdkjh gS\ 7- vk;k oknh QeZ ds }kjk vuqca/k agreement to sale fnukad 06-01-1989 esa of.kZr jhfr ls cdk;k jkf'k dh vnk;xh fd'rksa ds :i esa ugha dh] ftl dkj.k ls oknh dk okn fof/k vuq:i u gksus ds dkj.k [kkfjt fd;s tkus ;ksX; gS\ 8- vk;k oknh dh vksj ls izLrqr okn fof'k"V vuqrks"k vf/kfu;e ds rgr pyus ;ksX; u gksus o fe;kn ckgj gksus ds dkj.k [kkfjt gksus ;ksX; gS\ 9- vk;k orZeku esa izfroknh fuxe ds oknh QeZ dh rjQ 85]32]287@& :i;s e; C;kt lfgr fnukad 01-10-2001 rd cdk;k gS] ftUgsa olwy djus dk izfroknh dks oknh ls dkuwuh vf/kdkj izkIr gS\ 10- vuqrks"k\ 11- vk;k oknh dEiuh dh vksj ls Jh ,l-lh-oekZ dks okn izLrqr djus dk vf/kdkjh gS\ 6. To prove its case, plaintiff got examined PW1-Suresh Chand and exhibited some documents. Defendant got examined DW1-C K Dhamani, DW2-Rameshwar Gupta and DW3-Mahendra Pratap Singh and exhibited some documents. 7. After hearing the parties, trial Court decreed the suit filed by the plaintiff to the effect that the defendants have no right to debit the amount of interest from the plaintiff's account on account of non compliant with the condition of the agreement dated 06.01.1989. The trial court declared that plaintiff had not committed any default in payment of outstanding amount pursuant to the agreement dated 06.01.1989. The trial court restrained the defendants not to execute any document in relation to transfer of the suit property in favour of any other person/ firm/institution and also directed the defendants to handover the actual possession of the disputed premises to the plaintiff after removing the plant and machinery within two months from the date of judgment. 8. Learned Sr. counsel for the defendants submits that trial Court had committed error in decreeing the suit in favour of the plaintiff and trial Court had not appreciated the evidence led by the parties in right perspective. As per clause 4 of the agreement dated 06.01.1989, possession of the disputed land was handed over to the plaintiff on the date of the execution of the agreement. Plaintiff had agreed and accepted the agreement dated 06.01.1989. So, finding of the trial Court that defendants had not handed over the possession to the plaintiff is not correct. 9. Learned Sr. counsel for the defendants further submits that as per the contractual obligation, plaintiff had to pay balance amount within a period of 5 years in 19 quarterly installments but plaintiff had breached the terms and conditions and had not pay any installment. 10. Learned Sr. counsel for the defendants also submits that Canara Bank had filed the execution petition against M/s Premier Metal Industries Pvt. Ltd. for recovery of outstanding loan amount and in execution petition, learned court below had attached the Plant and Machinery lying in the property in question. So, defendants were not in a position to remove the plant and machinery from disputed land and building. So, defendants were not liable to handover the possession after removing the plant and machinery. So, judgment of the trial court be set aside. 11. Learned Sr. So, defendants were not in a position to remove the plant and machinery from disputed land and building. So, defendants were not liable to handover the possession after removing the plant and machinery. So, judgment of the trial court be set aside. 11. Learned Sr. counsel for the plaintiff has opposed the arguments advanced by the learned Sr. counsel for the defendants and submits that trial court after discussing the evidence led by the parties rightly decreed the suit filed by plaintiff and also submits that plaintiffs are ready to pay the amount of Rs.11,34,000/- with interest @ 13.5% per annum from 03.01.2007 till today as per the order of this Court dated 27.09.2019. So, appeal filed by the defendants be dismissed and they be directed to accept the money as per proposal as mentioned in the order dated 27.09.2019 passed by this Court and the defendants be also directed to handover the possession of the suit property to the plaintiffs. 12. I have considered the arguments advanced by the learned Sr. counsel for the defendants as well as learned Sr. counsel for the plaintiff. 13. It is an admitted position that possession of the disputed land was not handed over by the defendants to the plaintiff as per agreement dated 06.01.1989 because Plant and Machinery was attached by the Civil Court in execution proceedings initiated by Canara Bank against M/s Premier Metal Industries Pvt. Ltd. So, in my considered opinion, defendants had wrongly imposed penal interest on the outstanding amount. Plaintiffs are ready to pay outstanding amount of Rs. 11,34,000/- with interest @ 13.5% per annum from 03.01.2007 till today. So, present appeal filed by the defendants is required to be disposed of. 14. The judgment and decree dated 08.04.2019 passed by the trial Court is confirmed. Plaintiffs are directed to pay outstanding amount of Rs.11,34,000/- with interest @ 13.5% per annum from 03.01.2007 till today within a month to the defendants and defendants are directed to hand over the possession of the disputed premises to the plaintiffs after receiving the aforesaid amount as mentioned above within a month from today. 15. The present Civil First Appeal stands disposed of as indicated above. 16. Pending application(s), if any, stand(s) disposed of.