RAM KISHORE DAS Vs. NAND KUMAR PATHAK

JUDGEMENT

(1.) THIS appeal has been preferred against the concurrent findings of both the courts below decreeing the plaintiffs/respondents suit for specific performance of contract basing on a Mahadanama in Title Suit No. 12/1987 (228/88) and M.T.A. No. 10/93 (8/99).

(2.) AN agreement was arrived at on 15.11.1986 in writing between the plaintiff and the defendant/appellant Sukhdeo Das for a consideration of Rs. 12,0007 - The large amount of consideration to the tune of Rs. 10,000/ - had been paid at the time of making agreement from the side of the plaintiff and then he was put into the possession by the defendant and there was further conditions stipulated that within a period of time as mentioned in the agreement itself the defendant would execute the sale deed in favour of the plaintiff by taking the balance amount of Rs. 2,000/ -. When the time became ripen the plaintiff requested the defendant to take the balance amount of Rs. 2,000/ - and execute the same but he did not do and started evading. Then a Pleaders notice was sent by the plaintiff to the defendant to execute the sale deed by taking the balance amount of Rs. 2,000/ - but such notice was refused on being sent by registered post from the side of the defendant. Hence the suit has been filed. There was specific averment in the plaint that the plaintiff was all along ready to pay the balance amount of Rs. 2,000/ - i.e. regarding part performance of the part of contract but the defendant was not doing his part. It appears that the defendant in the meantime, had sold away the suit land to the third parties who were also parties in the suit but those defendants i.e. the subsequent purchasers had not contested the suit. The defendants plea was that he had never entered into the contract/agreement nor there was any payment of money to him and, as such, the suit is liable to be dismissed. Both parties adduced evidence and in course of adjudication the signature of the defendant was tallied with that of the agreement (which is generally called in Bihar as Mahadanama) and on scientific examination the handwriting expert found that the defendants singature tallied and after consideration of the evidence of both the parties the suit was decreed by the trial court and on appeal being preferred and on independent scrutiny of the evidence on record the appellate court had also maintained the decree in favour of the plaintiff by dismissing the appeal.