GANESH PRASAD Vs. SARASWATI DEVI

JUDGEMENT

(1.) This is a defendant's second appeal in a suit for specific performance of a contract of re-conveyance of two houses at Varanasi. The trial court dismissed the suit but the lower appellate court has decreed it on payment of Rs. 3000/- as the amount of price agreed to be paid, Rs. 1800/- as interest thereon for five years and Rs. 30/- on account of unpaid house and water taxes total Rs. 4830/-.

(2.) The main question which arises in this appeal is whether the plaintiffs could be said to be ready and willing to perform their part of the contract within the meaning of Section 16 (c) of the Specific Relief Act. 1963.

(3.) Kali Das, husband of the first plaintiff-respondent and father of plaintiff-respondents Nos. 2 to 5 sold that property in dispute to one Pera Lal on 15th May, 1957 reserving to himself the right to re-purchase the same. Kali Das was, however, unable to arrange for the necessary funds to re-purchase the property from Pera Lal within the time limited by the agreement with Pera Lal, rather, he seems to have been in need of more money. The property being obviously worth much more. Pera Lal and Kali Das sold it to the defendant-appellant Ganesh Prasad for Rs. 3000/-by a sale-deed dated 23rd October, 1962 and Ganesh Prasad, the defendant-appellant, agreed to recovery the property to Kali Das on payment Rs. 3000 with interest at the rate of 1% per mensem as also expenses on repairs and Municipal taxes and other expenses with interest thereon as well, at the rate of 1% per mensem within 5 years by a separate agreement also dated 23rd Oct. 1962. Both the sale-deed and the agreement for re-conveyance were presented for registration on 24th October, 1962 and duly registered in accordance with law. The certified copy of the agreement of re-conveyance is Ext. I, while the original sale deed in favour of the defendant-appellant is Ext. A-2. Kali Das also executed a rent note in favour of the defendant-appellant agreeing to pay him Rs. 30/- per month as rent of the property for being allowed to continue to remain in possession thereof as a tenant.