LAL BAHADUR PRASAD Vs. SURENDRA SINGH

JUDGEMENT

(1.) THIS Second Appeal had been filed by the original defendant, Smt. Lalti Devi against the judgment and decree dated 15.09.1992 passed by the learned 5th Additional District Judge, Patna in Title Appeal No.161 of 1989 whereby the learned Lower Appellate Court dismissed the appeal and thereby confirmed the judgment and decree of the trial court dated 26.09.1989 passed by the learned Execution Munsif, Patna in Title Suit No.60 of 1987/2 of 1989.

(2.) THE plaintiffs respondents filed the aforesaid suit for a decree for specific performance of contract dated 01.12.1986. According to the plaintiffs, it was agreed between the parties that the suit property was to be sold by original appellant, Lalti Devidied during pendency of Second Appeal and substituted. for Rs.20,000 out of which Rs.6,000 was paid as advance and agreement was executed on 01.12.1986. The parties further agreed that the registered deed was to be executed and registered within 01.11.1987. The plaintiffs were always ready and willing to pay the balance consideration amount.

(3.) THE trial court after considering the evidences recorded the finding that the agreement is genuine document and was executed by the original defendant, Lalti Devi in favour of the original plaintiff, Chandrabaso Devi. The trial court also recorded the finding that the plaintiff was always ready and willing and was still ready and willing to perform her part of the contract. Accordingly, the plaintiff's suit was decreed. On appeal, the Lower Appellate Court confirmed the finding of the trial court and dismissed the appeal.