SANJAY KUMAR Vs. SHILA DEVI

JUDGEMENT

(1.) THE plaintiffs have filed this appeal against the judgment and decree dated 25.09.1989 passed by Sri G.S. Choube, 1st A.D.J., Rohtas at Sasaram in Title Appeal No.128 of 1979/12 of 1989 dismissing the appeal and confirming the trial court judgment and decree dated 25.07.1979 passed by 2nd Additional Sub Judge, Sasaram in Title Suit No.1243 of 1970/105 of 1979 dismissing the plaintiff's suit.

(2.) THE original plaintiff, Harendra Kumar filed the suit for declaration of title and recovery of possession with respect to suit property and further prayed that the deed of cancellation dated 02.09.1970 executed by defendant no.1 be declared as null and void and further prayed that on payment of Rs.900 which is the balance amount of the consideration money, the defendant may be directed to deliver the original sale deed after making the endorsement on the receipt and in the alternative, prayed for a decree for specific performance of contract of sell on terms and conditions as mentioned in the sale deed on payment of Rs.900.

(3.) THE defendant's case is that the agreement was that title will pass on the payment of entire consideration amount and it was agreed that at the time of registration, Rs.4,700 was to be paid before the Registrar but the plaintiff said that remaining Rs.900 will be paid at his residence on the same evening but never paid the same and, therefore, he cancelled the sale deed.