LAWS(PAT)-1990-2-27

MANPRIYA GHOSH Vs. BANDHAB CHANDRA GHOSH

Decided On February 28, 1990
MANPRIYA GHOSH Appellant
V/S
BANDHAB CHANDRA GHOSH Respondents

JUDGEMENT

(1.) THIS First Appeal arises out of a judgment and decree dated 20-8-1982 passed by Shri Bhagwati Prasad, 3rd Additional Sub-Judge, Ranchi in Title Suit No. 183/78 of 1978/82, whereby and whereunder the said learned court dismissed the plaintiffs-appellant's suit for specific performance of contract.

(2.) THE facts of the case lie in a vary narrow compass.

(3.) IT is further admitted that by reason of an agreement of sale, dated 22-7-1975, the plaintiff as also the defendant No. 1 expressed their intention to purchase the properties in suit for a consideration of Rs. 62,500/- from the defendant No. 2 ; where for a sum of Rs. 7,000/- was paid by them by way of advance and part payment towards the agreed consideration amount.