PARTIBHA DEVI Vs. ANARO KUER

JUDGEMENT

(1.) THIS second appeal is directed against the judgment and decree passed by 6th Additional District Judge, Siwan, in Title Appeal No. 117/72. The plaintiff of Title Suit No. 165/65 filed this second appeal. The plaintiffs suit was decreed by the trial Court. However, on appeal by the defendant of the suit, the trial Court's judgment was reversed and, hence, this second appeal filed by the plaintiff of the suit.

(2.) THE plaintiff had filed a suit for specific performance of contract against the defendant on the pleading that there was an agreement of sale executed by the defendant's father on 25 -6 -62. The agreement was for sale of 3 Katha 15 Dhurs of land for a consideration money of Rs. 750 of Plot No. 353. Out of the consideration money Rs. 150 was paid at the time of execution and Rs. 263 was the loan amount taken by the defendant on the basis of hand not dated 10 -6 -61. This amount was to be adjusted to the consideration money. However, in spite of several demands by the plaintiffs, Ramjeet Bharti who had executed the agreement failed to abide by his part of the contract and in the meantime Rtimjeet Bharti died. Thereafter, the plaintiff placed a demand upon defendant -respondent, and having failed in securing sale -deed from them also, the plaintiff served Lawyer's notice upon them. Even this having failed, the plaintiff filed this suit.

(3.) AS a result of the aforesaid discussion, I do not think that this appeal has any merit. It is, accordingly, dismissed. The parties shall bear their own cost of the appeal.