PUNAYA DEO MISHRA Vs. PT BIDYA MISHRA

JUDGEMENT

(1.) HEARD the learned counsel appearing on behalf of the appellants and also the learned counsel appearing on behalf of the respondents.

(2.) THE plaintiffs have filed the suit for declaration of title on the basis of the sale deed dated 23-6-1978. It is the case of the plaintiffs that the defendant no.1 negotiated with the plaintiffs for sale of the suit land to them for consideration of Rs. 9975/- and it was agreed that Rs.800/- would be paid at the time of negotiation and Rs.2700/- would be paid at the time of execution of the sale deed and the balance amount of Rs. 6475/- would be paid to the defendant no.1 by the plaintiffs after registration of the sale deed and at the time of handing over the registration receipt to the plaintiffs. THE plaintiffs have also stated that the suit land was already mortgaged to Basisth Mishra, Kamla Mishra and Dasrath Mishra for Rs. 3500/- and they were in possession. It is the further case of the plaintiffs that they paid Rs.800/- and further Rs.2700/- and got the sale deed registered. THE plaintiffs paid the balance consideration money also to the defendant no.1 on the promise that he would hand over the registration receipt, as agreed to them on the pretext that the same was misplaced, but later the defendant no.1 refused to hand over the registration receipt on the ground that the consideration amount had not been paid to him and he had already cancelled the sale deed.

(3.) THE defendant no.1 filed the second appeal and by order dated 9-1-1989 the following substantial question of law was framed at the time of admission of the appeal: