SHYAMSUNDAR SAHU Vs. GOKULANANDA PADHI

JUDGEMENT

(1.) DEFENDANT No. 1 is the appellant is Second Appeal No. 158 of 1994 and defendant No. 2 is the appellant in Second Appeal No. 159 of 1994. Both the appeals have been filed against a reversing judgment.

(2.) THE plaintiff filed the suit for specific performance of contract on the allegation that on 6.5.1978 he sold the suit land measuring an area of Ac. 03.59 decimals to defendant Nos. 1 and 2 for consideration of Rs. 3,500/ under a registered safe deed. On the same day, the defendant No. 1 executed another deed of agreement in favour of the plaintiff contending therein that he would return the properties purchased under the sale deed within five years, if the plaintiff expressed his willingness to purchase the same on payment of due consideration within the said period. It is further alleged in the plaint that the defendant No. 1 executed the agreement as Karta of the family. Two months prior to expiry of five years from the date of execution of the sale deed, the plaintiff alleges that he offered defendant No. 1 the consideration money and requested him to execute a sale deed in respect of the suit land in his favour. Since the defendant No. 1 did not agree to such request, the plaintiff sent a notice through Advocate but the same was refused to be received. The further allegation of the plaintiff is that he is ready and willing to perform his part of the agreement dated 6.5.1978 and prayed for a direction to the defendants 1 and 2 to perform their part of contract by executing the sale deed on acceptance of consideration money.

(3.) AFTER disposal of the suit, the plaintiff carried in appeal before the learned Addl. District Judge, Bhadrak and the appeal was allowed on the following findings :