SUMITRA DEVI Vs. YASODA DEVI

JUDGEMENT

(1.) THIS First Appeal has been filed by the original defendant-appellant, Bisheshwar Singh against the judgment and decree dated 06.12.1982 passed by the learned Subordinate Judge, Samastipur in Title Suit No.99 of 1979 whereby the learned trial court decreed the plaintiff-respondent's suit for specific performance of contract. During the pendency of the appeal, the sole appellant died and the legal representatives have been substituted.

(2.) THE plaintiff-respondent no.1 filed the aforesaid Title Suit No.99 of 1979 for specific performance of contract with respect to Schedule I land and also for redemption of mortgage bond dated 02.12.1974 and 08.11.1974 executed by defendant no.1 in favour of the defendant nos.3 and 4.

(3.) THE defendant no.2, the original appellant only filed contesting written statement. Besides taking various legal and ornamental pleas, mainly it is contended that the alleged Mahadanama dated 01.06.1979 is antedated, collusive and without consideration. The payment of earnest money of Rs.6,000 is denied. The defendant- appellant had purchased 3 katthas 10 dhurs for Rs.6,000. Out of the said amount, Rs.500 had already been paid earlier. Since he was in need of money, he requested the defendant to purchase the land even without permission. Rs.4,800 was paid on the same day and Rs.700 was agreed to be paid to the defendant no.3, the mortgagee. The defendant no.1 subsequently applied for permission in Permission Case No.487 of 1979-80 and sold 10 dhurs of land on 11.10.1979. Later on, the defendant no.1 sold the remaining 8 katthas 2 dhurs for consideration of Rs.14,000 on 20.11.1980. The defendant no.2, appellant had no knowledge about the prior agreement and in fact, nobody was ready to purchase the property so there was no question of any agreement arises.