RAM PRASAD KUSHWAHA Vs. MOST. YASHODA

JUDGEMENT

(1.) Heard the learned counsel Mr. Yogendra Prasad Sinha on behalf of the appellant under Order 41 Rule 11 C.P.C.

(2.) The plaintiff appellant had filed this second appeal against the judgment and decree dated 8.4.2010 passed by Sri Umesh Chandra Srivastava, 2nd Additional District Judge, West Champaran, Bettiah in Title Appeal No. 32 of 1999 dismissing the appeal and thereby confirming the judgment and decree dated 23rd July, 1999 passed by Sri Jagat Narayan Tiwari, Munsif, Bettiah in Title Suit No. 67 of 1993.

(3.) The plaintiff appellant filed the suit for specific performance of contract dated 29.4.1992. The consideration money was fixed at Rs. 25,000/- and out of Rs. 25,000/- the plaintiff paid Rs. 10,000/- as earnest money. It was agreed between the parties that the remaining consideration amount shall be paid at the time of registration of sale deed within December 1993. On 25.3.1993 the plaintiff arranged Rs. 5,000/- and requested the defendant to execute and register the sale deed but the defendant said that he will execute and register for 1 Kattha only and the sale deed will be executed for the remaining land only after receipt of the full consideration amount. Accordingly, the sale deed was executed for 1 Kattha in the name of son of the plaintiff. Subsequently, the defendant sold the property to defendant No. 2.