KATIP BIBI Vs. FAKIR CHANDRA GHOSH

JUDGEMENT

(1.) The plaintiff is the appellant before me.

(2.) The suit, out of which this second appeal arises, was one for specific performance of a contract of re-conveyance of the disputed property.

(3.) The facts which are not disputed before me, may he summarised as hereinafter appearing. On 23-5-1923, one Rostam Ali conveyed to the predecessor-in-interest of the defendants Nos. 1 to 3 agricultural land measuring 5.22 acres, for a consideration of Rs. 1299/-. Only two days thereafter, on 25-5-1923, there was an agreement between the vender. Rostam Ali, and the purchaser, the prede-cessor-in-interest of the defendants Nos. 1 to 3 for re-conveyance of the property either to Rostam Ali or to his heirs or legal representatives, if only the consideration money was repaid either by Rostam Ali or by his heirs in the month of Chaitra of any year subsequent to the year 1333 B. S. There was a further condition in the said agreement that even if Rostam Ali and his heirs failed to repay the consideration money in one payment, even then the purchaser would re-convey such area of the land as would be proportionate to the amount paid by either Rostam Ali or his heirs. Rostam Ali died without succeeding in getting re-conveyance of the property, leaving the plaintiff, a daughter, defendants Nos. 4 to 6. his sons, defendant No. 7, his widow and defendant No. 8, another daughter, as his heirs and legal representatives under the Mahom-medan Law. After the death of Rostam Ali his heirs gave up the right to re-purchase two demarcated portions, out of the property sold, measuring 57 acre and .61 acre, by two separate documents respectively bearing the dates the 13th Chitra. 1355 B. S. and the 13th Sravan. 1336 B. S. Thereafter defendant No. 4, one of the sons of Rostam Ali. paid a sum of Rs. 925/- to defendants Nos. 1 to 8 (heirs of the original purchaser) and got a re-conveyance in respect of 3.725 acres of land, out of the property sold.