RAMJOY REWANI Vs. KUSUM MAHATANI

JUDGEMENT

(1.) This second appeal is by the defendant.

(2.) The short question falling for decision in this case is, whether the Court below could pass a decree for specific performance of the contract for sale executed by the defendant in favour of the original plaintiff in respect of 1.68 acres of his raiyati land on 28-7-1962 in view of the restrictions imposed by Section 46 of the Chota Nagpur Tenancy Act.

(3.) The facts of the case are as follows : The original plaintiff and the defendant both belong to backward classes and are residents of two different villages situate within the Pergana of Jharia. in the district of Dhanbad. The plaintiff's case is that on the 28th July, 1962 the defendant approached him (the original plaintiff having died, his heirs have been substituted in his place) and took an advance of Rs. 400/- from him for paving off his debts and executed an agreement for sale of the land described in the schedule of the plaint in favour of the plaintiff for a consideration of Rs. 599/-. The defendant received a sum of Rs. 400/- as advance on the same date and it was agreed that the final deed of sale would be executed by the defendant in favour of the plaintiff by 13-2-1963. The agreement has been marked as Exhibit 3 in the suit. The further case of the plaintiff is that the defendant also put the plaintiff in possession over one of the plots, namely plot No. 3. having an area of 0-16 acre, over which the plaintiff erected boundary walls. As the defendant did not execute and register the sale deed in pursuance of the agreement aforesaid, the plaintiff instituted a title suit, after due service of notice, in the Court of the Munsif. First Court. Dhanbad.