SANTOSH KUMAR SARDAR Vs. NIL RATAN SARDAR

JUDGEMENT

(1.) This appeal at the instance of the plaintiff is directed against an order dated 28-1-1987 passed by the learned 12th Court of the Additional District Judge, 24-Parganas in appeal affirming the judgment dated 12-7-1985 passed by the learned trial Court dismissing the suit. For convenience the appellant shall herein after be referred to as the plaintiff and the respondent as the defendant.

(2.) Briefly stated the facts of the case are that by a deed of conveyance, Ext. A(6), dated 30-5-1978 the plaintiff absolutely conveyed 69 decimal of land at a sum of Rs. 10,000/- to the defendant. By an agreement dated 30-5-1978, Ext. 4(B), the defendant, after recording that the plaintiff had sold the aforesaid land and had made over possession thereof, agreed to reconvey the land to the plaintiff provided the plaintiff paid the sum of Rs.10,000/- within 30th Ashar, 1386 B.S. Both the deed of conveyance and the said agreement were executed on 15th Jaistha, 1385 B.S. which is equivalent to 30-5-1978. It is clear that a period of 13 months was granted by the defendant to the plaintiff to pay the said sum of Rs. 10,000/- whereupon the defendant undertook to reconvey the land without any let or hindrance to the plaintiff.

(3.) Similarly by another deed of conveyance, Ext. A(5), dated 18th Jaistha, 1385 which is equivalent to 2-6-1978 the plaintiff absolutely conveyed 26 decimal of land to the defendant at a consideration of a sum of Rs. 4,500/- . By an agreement executed on the same day the defendant, after recording that the plaintiff had sold the aforesaid land at a sum of Rs. 4,500/- and had made over possession therefore, agreed to recovey the said piece of land to the plaintiff provided the plaintiff paid the sum of Rs. 4,500/- on account of consideration and a sum of Rs. 733/- on account of costs within the period of 30th Ashar, 1386 without any let or hindrance. It appears that in this case also roughly a period of 13 months was granted by the defendant to the plaintiff for making payment of the said sum as a condition precedent for reconveyance of the land.