SMT. SHANTI DEVI Vs. SRI JAGDISH LAL

JUDGEMENT

(1.) This plaintiff's second appeal has been filed against the judgement and decree of the First Appellate Court dated 4.5.1978.

(2.) The defendant-respondent IInd set who was a Bhumidhar of the property in question executed a sale deed dated 24.9.1967 in favour of the respondent defendant Ist set. On the very same day i.e. on 25.9.1967 the defendant-respondent Ist set executed an agreement to sell in favour of the defendant respondent IInd set and agreed to re-convey the plot in question after two years to respondent-defendant IInd set Sri Kishan Lal against a payment of Rs. 5,000.00. On 3.7.1970, the respondent-defendant IInd set assigned his rights of re-conveyance under the agreement dated 25.9.1967 in favour of the plaintiff for a consideration of Rs. 8,000.00 by a duly registered agreement. Thereafter plaintiff Shanti Devi who had got the right assigned in her favour of re-conveyance of the suit property, served a notice on 8.7.1970 on the defendant-respondent Ist set Sri Jagdish Lal expressing her desire of getting the property reconveyed to herself. However, when there were no hopes of re-conveyance of the property in favour of the plaintiff, she served a final notice on 6.5.1971 on the defendant-respondent Ist set requesting him to attend the registration office at Hathras between 11:00 A.M. and 4:00 P.M. on 10.5.1971 so that he could execute a registered sale deed in her favour as per the deed of re-conveyance dated 25.9.1967.

(3.) However, when on 10.5.1971, the defendant respondent Ist set did not turn up to execute the sale deed in her favour, a suit being Suit No. 236 of 1971 was filed in the Court of Munsif, Hathras, which was decreed on 6.11.1975. Aggrieved thereby a first appeal was filed by the defendant-respondent Ist set Sri Jagdish Lal. Upon the first appeal being allowed the second appeal has now been filed.