HANDA DAS Vs. MURALIDHAR PATI

JUDGEMENT

(1.) Defendants are the appellants against the judgment and decree of the learned District Judge. Balasore. The plaintiffs filed the suit for specific performance of contract alleged to have been executed by Jujesthi, Das, the father of defendants 1 to 3 and 5 to 7 and husband of defendant No. 4.

(2.) According to the plaintiffs' case, said Jugesthi agreed to sell the land, which he had got in a partition of the year 1948, as he required money for his maintenance. The plaintiff offered the consideration money of Rs. 2,500/- but as the entire consideration money was not there, he paid Rs. 2,200/- on 5-6-1973 on which date the agreement was executed and it was agreed that on payment of the balance consideration money of Rs. 300/- Jugesthi would execute the register sale deed. But unfortunately, before execution of such sale deed, Jugesthi died on 16-3-1974. Plaintiff thereafter approached the legal heirs of Jugesthi, the defendants but they did not pay any attention. Therefore, the plaintiff filed the suit in question.

(3.) Defendants in their written statement denied all the allegations made in the plaint. It was also alleged that the plaintiff was a cunning man who had taken Jujesthi to Dhamnagar and without telling anything to Jugesthi, who was an illiterate man, got his signature on the two stamp papers which was later on converted to an agreement for sale of the land in question. They also denied that at no point of time, the possession of the land had been given.