LAJJARAM LALAM Vs. KANHAI CHANDRA

JUDGEMENT

(1.) Heard learned Counsel for the parties.

(2.) This second appeal arises out of O.S.No. 508 of 1970, Raska Nand v. Lajja Ram, for specific performance of contract. The suit was decreed on 27.5.1976. The civil appeal No. 141 of 1976 arising thereof was dismissed with directions to defendant-appellant to execute sale deed within six months, of the constructed building in accordance with the terms and conditions of the compromise dated 14.3.1969, in default whereof the deed shall be executed through Court, at the cost of defendant-appellant.

(3.) The facts giving rise to the suit in brief are that the plaintiff and Brij Bihari were owners of Khasara Plot No. 211 with an area of 1.65 acres, Thok Dusayat Patti Shamlat. The plaintiff filed a suit in 1976, Raska Nand v. Brij Behari for partition. The property scheduled in the plaint fell in the share of the plaintiff and he got possession over it in 1949. A portion of the property was taken by the State Government for which the plaintiff got compensation. There was a Bagicha. a Pucca building, a Well, a pit and Samadhi in the disputed property. The plaintiff executed a sale deed in favour of the defendant of a part of the plot. The plaintiffs are also owners of a part of the building shown in red colour and a land shown in white in the plaint map.