JAGARNATH RAM Vs. THAKUR PRASAD

JUDGEMENT

(1.) On the 20th July, 1929 Thakur Prasad obtained from Doma Ram two houses on a monthly rental of Rs. 6 and executed a registered kerayanama.

(2.) On the 30th July, 1929 Doma Ram executed an unregistered deed of agreement in favour of Thakur Prasad aforesaid, Jiut Ram and other members of their family fn respect of two houses and two goals situated in the town of Sasaram. Jiut Ram Is the brother of Thakur Prasad. The stipulation was that on payment of Rupees 1500 Doma Ram would execute a registered sale deed in favour of Thakur Prasad and others. The date fixed for execution of the sale deed was twelve years after the execution of the deed of agreement and before the expiration of the 18th year from that date. There was a further stipulation that Doma Ram would erect some shops on the sahan land of the value of Rs. 600; and Thakur Prasad and others would pay Rs. 600 to Doma at the time of execution of the sale deed. In other words, Thakur Prasad and others had to pay Rs. 2100 to Doma as a consideration for execution of the sale deed. Doma Ram died In 1936 leaving him surviving his son Jagarnath, his widow and other heirs. On the 30th July 1947 Thakur Prasad and others instituted Title Suit No. 218 of 1947 against the heirs of Doma, namely, Jagarnath and others, for specific performance of contract and for recovery of the property covered by the agreement. They alleged in the plaint that they were liable to pay to the heirs of Doma Rs. 600, being the value of the shops constructed by Doma on a portion of the disputed property and that they had In their possession Rs. 2100 and were ever ready to pay this amount to Jagarnath and others for execution of the sale deed In their favour. Accordingly, they prayed for specific performance of contract and also for recovery of possession of the disputed property.

(3.) Jagarnath and others also instituted Title Suit No. 59 of 1948 for recovery of rent and damages from Thakur Prasad, Jiut Ram and others on the strength of a registered deed of kerayanama dated the 20th July, 1949.