KAILASH SINGH Vs. SHEOPUJAN SINGH

JUDGEMENT

(1.) This application on behalf of the plaintiff is directed against the judgment and order dated the 16th of January 1951 passed by the 2nd Additional Subordinate Judge, Chapra, remanding the suit for fresh trial with certain directions.

(2.) The facts leading to the present petition may shortly be stated as follows. The plaintiff instituted a suit for specific performance of contract for sale said to have been entered into by one Musammat Jaimurta Kuer in respect of her properties, including the residential house, for a consideration of Rs. 3500/-. According to the case of the plaintiff, the terms of the agreement between the parties had been reduced into writing in a Mahada-nama, exhibit I, on the records of the case. (3) The defendant contested the suit on various grounds. She pleaded that she had not agreed to sell any portion of the properties inherited by her from her husband and that there was no necessity at all to enter into such an agreement. She further pleaded that the plaintiff had taken her to Chapra on several occasions for taking probate of the will of her husband and in that connection he had taken her thumb impression on several plain and stamped papers, one of which appears to have been converted into the alleged Mahadanama.

(3.) The suit was decreed by the trial court. The order portion of its judgment ran as follows :