DULARO DEVI Vs. ASTURNA DEVI

JUDGEMENT

(1.) judgment and decree dated 23.08.1982 passed by the learned 2nd Additional Subordinate Judge, Sasaram in title suit no.236 of 1977/20 of 1982 decreeing the plaintiffs-respondent's suit for specific performance of contract dated 10.01.1977.

(2.) The plaintiffs filed the aforesaid suit for specific performance of contract alleging that the defendant no.1, Basgit Pal being the karta of his family in the said capacity contracted to sell the suit property. The consideration was fixed at Rs.10,000. On the date of execution of the agreement to sell Rs.5,000 was paid and an agreement was executed on 10.01.1977. The defendant no.1 agreed to execute the sale deed after obtaining permission from the Chakbandi Officer. The plaintiffs were and are always ready to perform their part of the contract and to pay the balance consideration amount. The defendants in collusion with the enemies of the plaintiffs were not willing to transfer the suit property in spite of demand by the plaintiffs. Therefore, the plaintiffs served a notice on the defendant no.1 on 22.08.1977. The defendant no.1 replied on 27.08.1977 stating that they will compromise the matter within 15 days but on 11.09.1977, the defendant no.1 refused to execute the sale deed. Therefore, the suit for specific performance was filed.

(3.) The defendants appeared and filed contesting written statement. Besides taking various ornamental pleas, the defendants pleaded mainly that no such agreement was executed by the defendants. The defendants also denied receiving of Rs.5,000. It is stated that there was no legal necessity for selling the property nor the defendants were in need of money for agriculture purpose or for construction of house. In fact, when Rehan deed was returned to the plaintiffs, he obtained thumb impression of the defendant no.1 on three plain papers and the same might have been converted to the agreement.