MUSST JAGGO BAI Vs. HARI HAR PRASAD

JUDGEMENT

(1.) THIS is an appeal, by one of the two defendants in an action, from a decree of the High Court of Judicature at Allahabad, whereby the present appellant was ordered to pay to the plaintiff in the action, the respondent Rai Bahadur Hari Har Prasad Singh (hereafter called "the respondent") the sum of Rs. 26,000, with interest thereon at the rate of 4 per cent, per annum from December 16, 1928, down to the date of payment. The other person named as a respondent, Seth Beni Chand, is not before their Lordships' Board and no question arises as to him.

(2.) THE relevant facts are as follows. On February 18, 1921, one Babu Bindeshwari Prasad executed a mortgage of a village called Nayagaon in favour of the appellant and her son Seth Beni Chand to secure a total sum of Rs. 60,000 with interest. On December 16, 1928, the appellant signed a document whereby, after referring to the mortgage of February 18, 1921, she stated: I, the executant, myself paid the entire amount of debt, from my own pocket. As I am a pardanashin lady I got the name of Seth Beni Chand entered in the mortgage-deed by way of precaution. At present I stand in need of money and it seems impossible for me to realize the amount of the document aforesaid.

(3.) IN the events which happened, no transfer to the respondent was ever executed, and on February 23,1929, both the mother and the son wrote letters by which they clearly refused to carry out any transfer. However, negotiations for the completion of the sale appear to have continued, for reasons which it is unnecessary to discuss, and on December 7,1931, shortly before the expiry of the three-year period mentioned in the document of December 16, 1928, a vakil acting for the respondent served a notice on the appellant in the following terms: As directed by my client Rai Bahadur Hari Har Prasad Singh, resident of Arrah, notice is hereby given to you that as per agreement, dated December 16, 1928, you had promised that in case on the advice of and in consultation with the legal advisors the aforesaid Rai Bahadur should be willing you shall execute a deed of transfer, i. e. a sale-deed with respect to one-half of the demand including interest due under the mortgage-deed, dated February 28, 1921, for a sum of Rs. 60,000 executed by Babu Bmdeshwari Prasad in favour of Musammat Jaggo Bai and Beni Chand in consideration for a sum of Us. 26,000 which amount has already been received by you by means of two cheques and that you shall transfer to the aforesaid Rai Bahadur by means of execution and completion of the sale deed all the rights and interest appertaining thereto; and that you have not executed and completed the said document in spite of repeated demands and in spite of having received the amount referred to above. So if you fail to complete the document within a period of 4 days remedy shall be sought in court after the expiry of the time allowed and you shall be saddled with costs.