IDRIS ALI Vs. ABDUL SAMAD BARBHUVA

JUDGEMENT

(1.) THIS appeal is from the decree passed by the Assistant District Judge, Silchar.

(2.) THE plaintiff filed the suit for specific performance of contract for reconveyance in respect of the suit land measuring 1B 4K 4 Chataks, as described in the schedule. The plaintiff's case is that on 23 -2 -60 he sold the suit land to the defendant at Rs. 200 with a korar from the defendant to reconvey the land within 3 years on payment of the same consideration. As the Plaintiff could not pay the consideration within the stipulated period, he got the time extended by two years more by an endorsement made by the defendant on the reverse of the korar on 16 -2 -63. Before expiry of the extended period also he could not make payment of the consideration and therefore he got the time further extended for another year by a verbal agreement in presence of the village elders. On 2 -3 -66 he tendered the consideration but the Defendant refused to reconvey the land. On 15th February, 1966 the Plaintiff filed the suit.

(3.) ON the pleadings of the parties the following issues were framed: -