NOOR MOHAMMAD Vs. SATYA NARAIN

JUDGEMENT

(1.) This appeal has its genesis in the O.S. No. 99 of 1978 instituted for the relief of specific performance. The suit culminated in being decreed for recovery of Rs. 11,190/- with interest at the rate of 15% per annum from the date of agreement to sale dated 5.5.1974 with cost throughout against which an appeal was preferred and the lower appellate court in its turn, allowed the appeal and reversed the judgment and decree of the trial court vide judgment and decree dated 6.7.1987.

(2.) To begin with, the plaintiff instituted suit for specific performance of contract dated 5.5.1974 along-with cost attended with further prayer to grant such relief as may be deemed fit in case the agreement to sale is found not executable. The precise allegation of the plaint were that both defendants and plaintiffs were domiciled in the same village i.e. village Cheruaha May Pakar Post Office Maharajganj District Maharajganj and that on 5.5.1974, Gulab Das, father of defendants 1 to 4 and husband of defendant No. 5 had accepted a sum of Rs. 10,000/- and in consequence, had executed agreement to sale agreeing to execute sale deed on a consideration of Rs. 10,000/- in relation to plot Nos. 471 admeasuring 1.40, 669 asmeasuring .99 and 670 admeasuring 1.00 acre totaling up to 3.39 acres. It is further alleged that Gulab Das met his civil death on 31.12.1975 and thereafter, his heirs developed aversion to execute the sale deed despite persistent demand from the plaintiffs. It is in this backdrop that the suit came to be instituted. Defendants on the other hand emphatically repudiated the plaint allegations and also denied agreement to sale 5.5.1975 and its execution besides various other kindred pleas.

(3.) At the time of admission of appeal in hand, the Court gleaned following substantial question of law in the perspective of the facts and circumstances of the case. "Whether the suit can be dismissed simply on the ground that during consolidation operation identity of the plots changed."