JAMUNI Vs. BHAGAUTI

JUDGEMENT

(1.) Heard learned counsel for the parties.

(2.) This is defendants' second appeal arising out of a suit (O.S. No.20 of 1969) for specific performance of an agreement for sale dated 14.02.1966 alleged to have been executed by defendant appellant No.1, Smt. Jamuni in favour of plaintiffs respondents. The suit was dismissed by Munsif, Basti on 29.01.1972 with special cost of Rs.500/- to be paid by the plaintiffs to the defendant No.2 in addition to the normal cost of the suit.

(3.) It was pleaded in the plaint that through the alleged agreement dated 14.2.1966, Smt. Jamuni agreed to sell all her property consisting of bhoomidhari and sirdari agricultural land as well as house for Rs.3000/- in favour of plaintiffs out of which Rs.1500/- was paid as earnest money. It was further pleaded that talks of agreement had started six months before. Defendant appellant No.1 gifted her entire property through registered gift deed to her daughter defendant appellant No.2 on 13.09.1968. Defendant No.1, Smt. Jamuni died on 21.01.1969 just after filing of the suit and was substituted by the defendant No.2 her daughter.