SUNDARI DEVI Vs. DEO NARAYAN PRASAD

JUDGEMENT

(1.) The Plaintiff has filed this first appeal against the judgment dated 25.11.1992 and the decree following thereupon signed on 11.12.1992 by the learned Sub Judge-1st, Patna in Title Suit No. 193 of 1986 dismissing the Plaintiff-Appellant's suit for specific performance of contract.

(2.) The Plaintiff-Appellant filed the aforesaid Title Suit No. 193 of 1986 for a decree of specific performance of contract for sale against the Defendant and alternatively for a decree for refund of earnest money of Rs. 33,000/- with interest against the Defendant.

(3.) According to the Plaintiff's case the Defendant-Respondent entered into a contract with the Plaintiff for sale of 3 kattha out of 45 decimal of land comprised within M.S. Plot No. 5158 Holding No. 136/134 in Ward No. 37/32 corresponding to survey Plot No. 327 for a consideration of Rs. 66,000/-. The Plaintiff paid Rs. 33,000/- as earnest money on 12.11.1983 and Defendant executed a bai bayana deed in favour of the Plaintiff and handed over the same to the Plaintiff. The Defendant undertook to obtain permission from the competent authority for executing sale deeds. The date was fixed to 11.7.1984 within which the sale deed was to be executed and it was agreed that at the time of registration the Plaintiff will pay the balance consideration amount of Rs. 33,000/-. The further case of the Plaintiff is that the Plaintiff requested the Defendant several times through her husband to execute and register the sale deed on receipt of the balance consideration amount but the Defendant always put off the matter on one pretext or other. Therefore, on 21.6.1984 the Plaintiff served a registered notice through her Advocate but a false and collusive report was made by the postal peon and returned the notice. Then the Plaintiff by way of last chance served the Defendant another registered notice on 7.4.1986 calling upon the Defendant to execute and register the sale deed after receiving the balance consideration amount within one month but in spite of receipt of the said notice the Defendant did not execute the sale deed. Hence the suit. The Plaintiff's further case is that she was always ready and is still ready to pay the balance consideration amount and get the sale deed executed and registered.