BAUDHU MAHTON Vs. BHAGWAT RAM

JUDGEMENT

(1.) This appeal is by the plaintiff Baudhu Mahton against the concurrent decree of the Court below dismissing the suit for specific performance of contract. The original plaintiff died and this appeal is now being represented by his legal heirs. Following are the material facts for disposal of this appeal.

(2.) According to the plaintiff's case, Survey Plot Nos. 5075, 5300 and 5126 each having an area of 0.4 acres situated in village Deepnagar, P.S. Deepnagar, District Nalanda were recorded as Gairmazarua Malik land in the record of rights. In the remarks column names of Bhattu Mehra son of Jittan Mehra and father of defendants No. 1 and 4 were entered. Bhattu Mehra had one full brother namely, Mangar Mehra. There was partition between Bhattu and Mangar according to which plot No. 5075 was divided into two parts and 2 decimals of the said plot from eastern side fell to the share of Mangar Mehra and 2 decimals from western side fell to the share of Bhattu Mehra. After partition, Bhattu and Mangar constructed residential houses and after the death of Bhattu his heirs came in possession of two decimals of land with house standing thereon. Defendants No. 1 to 10 are heirs of Bhattu Mehra. Defendant No.l Bhagwat Ram was the karta of the Joint Hindu Family.

(3.) The case of the plaintiff was that in order to meet family expenditure the defendant No. 1 entered into contract to sell 2 decimals of land with building standing thereon to the plaintiff and executed registered Baibeyana deed on 28-12-1971. Entire consideration money was paid to the vendor but he failed to execute the sale-deed and hence the suit.