NANDAN SINGH Vs. JAGAT NARAIN SINGH

JUDGEMENT

(1.) This is an appeal against the judgment and decree dated 13.9.1988 passed in Civil Appeal No. 434 of 1987 passed by VIII Additional District Judge, Azamgarh. The facts giving rise to this appeal are as follows.

(2.) The plaintiff-respondent Jagat Narain Singh filed. Suit No. 145 of 1986 for specific performance of contract of sale for decree directing the appellants to execute the sale deed of l/6th portion of the disputed agricultural land plots" nos. 141 and 533 in favour of the plaintiff on payment of Rs. 3, ,000/- as balance of sale consideration. There is a very little dispute regarding the facts of the case. Appellant No.1 Nandan Singh who has since died was the owner of the said plots. He agreed to sell the same for Rs.48,000/- in favour of the plaintiff and appellants 2 to 6. A registered agreement to sale was executed on 19.10.1983 and a sum of Rs.30,000/- was paid at the time of the agreement and it was agreed that balance amount of Rs.18,000/- shall be paid at the time of execution of the sale deed. It is alleged by the plaintiff that out of Rs. 30,000/- he paid Rs.5,000/- of his share and Rs. 25,000/- was paid by the appellants 2 to 6.

(3.) The further allegation is that after this agreement the appellant No. 1 executed a sale deed of the entire land in favour of appellants 2 to 6 on 25.11.1985. That the plaintiff could not know regarding that sale deed. That the plaintiff is ready and willing to purchase l/6th share of the property on payment of Rs. 3.000/- being his share of the balance sale consideration of Rs. 18,000/-. That he asked the appellants to execute the sale deed but they failed to execute the same, hence the suit was filed.