RAM BAHADUR RAI Vs. BISHWA NATH RAI

JUDGEMENT

(1.) The plaintiff has filed this Second Appeal against the Judgment of reversal passed by the lower appellate Court dated 17.06.2002 passed by the learned 4 th Addl. District Judge, Saran at Chapra in Title Appeal No.5 of 1995 whereby the lower appellate Court allowed the appeal and reversed the Judgment and Decree of the trial Court dated 03.12.1994 passed by the learned Second Subordinate Judge, Chapra in Title Suit No.63 of 1987.

(2.) The plaintiff appellant filed the aforesaid suit for specific performance of contract dated 15.10.1986. According to the plaintiff, Sarjug Rai was in need of money for treatment of his leg, therefore, there was negotiation of sale of land by the defendant No.1 with the plaintiff on 14.10.86 and it was agreed that the defendant will sell the suit property for Rs.45,000/-.

(3.) The defendant No.1 filed separate written statement and likewise defendant No.2 to 4 filed separate written statement and 5 and 6 also filed separate written statement. The case of defendant No.1 is that there was never any talk of sale on 14.10.1986 and he has the sufficient money in his passbook as such was not in need of money. No agreement was executed by him for sale of suit property for Rs.45,000/- and no amount of Rs.21,000/- was paid by plaintiff to him as advance. The alleged deed of contract is forged and fabricated document. Other allegations were completely denied. Alternatively, the defendant No.1 alleged that at the time of execution of sale deed dated 07.08.1986 to Aasha Devi, Kedar Singh the witness of the plaintiff might have taken left thumb impression of defendant No.1 on Sada paper and might have converted the same into contract for sale. The defendant No.2 to 4 and 5 and 6 supported the written statement of the defendant No.1.