BISHUNDEO NARAIN RAI Vs. ANMOL DEVI

JUDGEMENT

(1.) This appeal raises the question:whether on the facts and in the circumstances of the case, sale deed dated April 30, 1963 (Exhibit-C) executed by the first defendant group in favour of the plaintiffs conveyed absolute title to and interest in the suit property.

(2.) The facts which gave rise to this question may be noticed here. The plaintiffs (Predecessors-in-interest of the appellants, hereinafter referred to as 'the first purchasers') purchased land measuring 9 bighas, 17 kathas and 12 dhoors, (hereinafter referred to as 'the suit property') from defendant No. 1 as Karta of H.U.F. and its members (Predecessors-in-interest of respondents 6, 7, 9, 10 and 11, hereinafter referred to as 'the vendors') under the registered sale deed dated April 30, 1963 (Exhibit-C). On the alleged ground of the first purchasers not paying the entire consideration amount the vendors by a registered document dated June 19, 1963, Exhibit-H, purported to cancel Exhibit-C, and on July 8, 1963 executed a second sale deed, Exhibit C/1, in favour of respondents 1 to 5 (hereinafter referred to as 'the second purchasers'). Coming to know of these facts, the first purchasers filed Title Suit No. 64/63 in the Court of the Subordinate Judge, Samastipur, District Darbhanga. They claimed that under the sale deed dated April 30, 1963, Exhibit-C, they purchased the suit property for valuable consideration, and acquired absolute title thereunder and that out of sale consideration, only a sum of Rs. 235/- remained to be paid, which they deposited in the Court to the credit of the vendors along with the plaint; that Exhibits H and C/1 were illegal, ineffective and not binding on the first purchasers. They prayed that the said Exhibits H and C/1 be declared illegal, invalid and not binding on them, decree be granted against the vendors to deliver the original sale deed dated April 30, 1963 and against the mortgagees for redemption of suit property.

(3.) The vendors resisted the suit; in their written statement it was pleaded that the parties agreed that if the first purchasers did not pay the entire amount of consideration, they would not get title or possession of the suit property; the total sale consideration was Rs. 15,000/-, out of which Rs. 6,249/- were kept in deposit as being payable to the mortgagees under sudhbharna bond dated July 29, 1946, Rs. 516/- were set off, being the amount payable to the first purchasers by the vendors, and that the balance consideration of Rs. 8,235/- was agreed to be paid in cash to the vendors on the date of registration. But the first purchasers paid only Rs. 5,000/- in the presence of the Registrar and promised to pay the balance of Rs. 3,235/- later; the registration receipt was kept with the vendors to be endorsed in favour of the first purchasers at the time of payment of the said amount. However, neither sudhbharna bond amount of Rs. 6,249/- was paid to the mortgagees nor did the first purchasers endeavour to redeem the mortgage nor paid the balance of consideration of Rs. 3,235/- to the vendors, therefore, the vendors cancelled the sale deed Exhibit-C by executing Exhibit-H on June 19, 1963 and sold the suit property in favour of the second purchasers under registered sale deed on July 8, 1963 (Exhibit C/1).