BIBIANWARNNISA Vs. DAULAT RAI AND MAHESH RAI

JUDGEMENT

(1.) This first appeal is directed against an order dated 5th July, 1975 passed by Sbri Satya Marain Prasad Seth, Sub-Judge, Giridih in Title Suit No. 9 of 1974 whereby.and whereunder he dismissed the suit for a decree for specific performance of contract filed by the plaintiff-appellant.

(2.) The plaintiff executed five sale deeds in favour of the defendants in respect of the lands described in Schedules A/1 to A/5 of the plaint each for a consideration of Rs. 2,000.00. Another sale deed was executed in respect of Schedule A/6 of the plaint on 25/3/1969 in favour of the defendants for a consideration of Rs. 1,000.00.

(3.) The first five deeds of sale were registered on 25/3/1969. On the respective date of the execution of the registered deeds of sale, agreements had been entered into to the effect that the defendants should reconvey the suit lands to the plaintiff if the amount of consideration is returned to the defendants in the month of Magh on any year from 25/3/1969 to 24/3/1974. The said agreements were marked as Exts. 4 to 4/E. According to the plaintiff she gendered the entire amount of Rs. 11,000.00 through her men to the defendants, during the month of Magh in the year 1973 as also in the year 1974, on several occasions, but the defendants deliberately or intentionally refused to receive the said amount.