JADUBANS PRASAD SAHI & ORS Vs. SABITRI DEVI

JUDGEMENT

(1.) The Defendants have filed this Appeal against the Judgment and Decree dated 28.09.1972 passed by the learned Ist Subordinate Judge, Muzaffapur in Title Suit No.76 of 1970 decreeing the plaintiff's respondent suit for specific performance of contract.

(2.) It appears that earlier this First Appeal was heard and allowed by terms of Judgment dated 31 July, 1992 by this Court. Since nobody appeared on behalf of the respondent, the respondent filed application for setting aside the ex-parte Judgment and thereafter the said Judgment dt. 31 July 1992 was set aside. Then the parties were heard.

(3.) The plaintiff respondent filed the suit for specific performance of agreement dated 27.04.1968 alleging that the plaintiff had sold the suit property by registered sale deed dt. 27.4.1968 for a consideration of Rs.44000/- in favour of the defendants. On the same date, separate agreement was entered into between the parties and it was agreed that if the plaintiff repay the full consideration amount of Rs.44,000/- to the defendants by 27.4.1970, the defendants shall reconvey the suit property to the plaintiff. The further pleading of the plaintiff is that in fact she was paid only Rs.35,000/- as consideration amount and Rs.9000/- was added as interest for the said period, i.e., for two years. The defendants agreed that he will not take possession of the property in question. On 10.4.1970, the plaintiff and the husband of plaintiff approached the defendants for payment of consideration money of Rs.44000/- and enquired as to on which date the sale deed will be reconveyed. The defendants asked them to come on 23.4.1970 with money so that the sale deed may be executed on 24.4.1970. The plaintiff's husband arranged the money and went to the defendant to pay on 23.4.1970 the entire money of Rs.44,000/- but the defendant evaded and finally refused on 24.4.1970 to receive the amount and reconveyed the property which compelled the plaintiff to file the suit on 25.4.1970.