DURGAWATI DEVI Vs. SUDHA DEVI

JUDGEMENT

(1.) This Second Appeal is directed against the Judgment dtd. 31/7/2018 and Decree dtd. 18/8/2018 passed by learned Additional District Judge IInd, Bhojpur at Ara in Title Appeal No. 02 of 2017 affirming the Judgment dtd. 29/11/2016 and Decree dtd. 9/12/2016 passed by learned Sub Judge VIIIth, Bhojpur at Ara in Title Suit No. 46 of 2005.

(2.) The appellant was defendant in the Trial Court and respondent 1st Set was the plaintiff who filed the suit against defendants seeking relief for decree of specific performance of contract about the suit property and also that defendants be directed to execute the sale deed before the Registrar in favour of the plaintiff as per the Mahadanama (agreement to sale) and also to declare that defendant 1st set had no right to execute sale deed dtd. 25/8/2004 in favour of defendant 2nd set and the said sale deed dtd. 25/8/2004 is without consideration and not binding upon plaintiff with other relief.

(3.) The case of the plaintiff is that she was the tenant of defendant no. 1 who became ready to sell out the suit property to plaintiff on payment of consideration money of Rs.1,17,000.00 and plaintiff had given Rs.60,000.00 as earnest money and a registered Mahadanama dtd. 11/5/2004 was executed by defendant no. 1 in favour of plaintiff. On the basis of said registered Mahadanama dtd. 11/5/2004 the sale deed dtd. 11/8/2004 was presented before Registrar but defendant no. 1 fled away from the Registry Office in collusion with defendant no. 2 before admitting the registration of document.