IBRAR AND ORS Vs. FASIUDDIN AND ORS

JUDGEMENT

(1.) The Plaintiffs have filed this first appeal against the judgment and decree dated 10th March 1979 passed by Sri Aditya Sharan, 2nd Additional Subordinate Judge, Arrah in Title Suit No. 171 of 1973 / 234 of 1974 dismissing the Plaintiffs-Appellants' suit for specific performance of contract.

(2.) The Plaintiffs-Appellants filed the aforesaid title suit for a decree for specific performance of contract dated 13.11.1972 regarding the property mentioned in Schedule 2 of the plaint.

(3.) The Plaintiffs claimed the aforesaid relief alleging that the Plaintiffs were knowing the Defendant Bibi Nurfatma from before. She was in need of money for repairing her house and other expenses so she agreed to sell the land measuring 4.25 acres and house measuring 13 decimal for a consideration of Rs. 20,000/- and on receiving advance of Rs. 5000/- a Mahdanama was executed on 13.11.1972. She agreed to execute and register the sale deed by 30th Kartik 1973. The culturable land measuring 4.25 acres was coming in possession of the Plaintiffs as Sikamidars. Bibi Nurfatma gifted 12 decimal of house out of the suit property in favour of Mohd. Abas Khan and, therefore, to avoid litigation Mohd. Abas Khan re-conveyed the aforesaid 12 decimal of the house to the Plaintiffs by executing a registered sale deed in March 1973. Therefore, suit was filed for specific performance of contract for sale regarding 4.25 acres of culturable land and remaining 1 decimal of holding No. 146. The Plaintiffs were always and are still ready to perform their part of the contract. The Plaintiffs requested many times to accept the balance consideration amount and execute the sale deed but she avoided. Notices were sent but she refused to accept the notice. Hence the suit.