HAR PRATAP SINGH Vs. SATYA NARAIN MISRA

JUDGEMENT

(1.) This is a defendant's second appeal in a suit for specific performance of a contract dated 8th Dec. 1952, for reconveyance of a house on payment of such sum as the court may determine.

(2.) The trial court decreed the suit against the first defendant Har Pratap Singh, the first appellant in this court, directing him to execute and get registered a sale-deed of the property in suit in favour of the plaintiffs and defendants Nos. 3 to 13, on payment of Rs. 1324/- by the plaintiffs to him at the time of the execution and the registration of the sale-deed, the expenses thereof being borne by the plaintiffs. The plaintiffs were also awarded the costs incurred by them against the first defendant who was directed to bear his own costs. The first defendant was further directed to pay the amount of court-fees payable on the plaint, for the plaintiffs had been permitted to sue in forma pauperis. No time was fixed for payment of the amount of Rs. 1324/- by the plaintiffs or for the execution of the sale-deed. It was ordered that if the defendant No. 1 failed to execute and register the sale-deed, the decree will be carried into effect by the court. The copy of the decree was ordered to be forwarded to the Collector, Allahabad, under Order 33, Rules 10 and 14, of the Code of Civil Procedure. The first defendant Har Pratap Singh and the second defendant Girdhar Singh appealed to the district court. The appeal was partly allowed and the decree of the trial court was modified by ordering that the plaintiff-respondents shall pay the sum of Rs. 5,484/instead of Rs. 1324/- to the defendant-appellant No. 1 at the time of the execution and registration of the sale-deed by him; and that plaintiff-respondents shall be entitled to 3/4th of the court-fees payable in the trial court, the remaining amount being made payable by the plaintiffs.

(3.) The first two defendants have appealed to this court from that decree, and have prayed that the suit may be dismissed with costs throughout.