PROTAP CHANDRA KOYAL Vs. KALI CHARAN ACHARJYA

JUDGEMENT

(1.) This is a plaintiff's appeal and arises out of a suit for specific performance of a contract of reconveyance in respect of the property described in the plaint.

(2.) On the 23rd April, 1937, the plaintiff executed in favour of defendant No. 1 a conveyance in respect of the property in suit for a consideration of Rs. 300/- On the same date an agreement was executed as between the parties under which defendant No. 1 agreed to reconvey the self same property in favour of the plaintiff. It was stipulated that if Rs. 300/- be paid in one instalment within the month of Chaitra before the expiry of the Bengali year 1348, the contract would be specifically enforced.

(3.) The plaintiff came to Court with the story that he had offered to make the payment on the 7th Palgoon, 1348, B.S., but that the defendant had refused to accept the same. On the 9th April, following, i.e., before the end of Chaitra 1348, B.S., the plff. served a registered letter upon defendant No. 1 through a lawyer but in spite of the same defendant No. 1 had failed and neglected to receive the amount, or to execute the deed of reconveyance. During the cadastral survey operations, defendant No. 2 is alleged to have wrongly and fraudulently got himself recorded as an under-raiyat under defendant No. 1. The plaintiff claims that he is entitled to get reconveyance from defendant No. 1 of the property in suit in the same condition as it was when it was sold to defendant No. 1 and the agreement was executed.