SUDAMA DEVI Vs. BIRENDRA PRASAD AND ORS.

JUDGEMENT

(1.) THE defendant has filed this First Appeal against the judgment and decree dated 23.12.1980 passed by the learned 3rd Subordinate Judge, Bettiah in title suit No. 284 of 1968/50 of 1974/3 of 1977 whereby the court below decreed the plaintiff's suit for specific performance of contract.

(2.) THE plaintiffs -respondents filed the aforesaid title suit for specific performance of contract dated 07.09.1965 and prayed that the defendant be directed to receive the balance consideration money of Rs. 4,600 only and to execute the sale deed.

(3.) THE defendant -appellant, Sudama Devi, daughter of Budha appeared and filed contesting written statement. She denied the execution of contract for sale by Budha Kunwar. She also denied the payment of consideration money. According to the defendant's written statement, the hand note and the contract for sale are forged documents. The further case is that Budha Kunwar had filed title suit No. 30 of 1965/86 of 1967 in the court of Munsif and in that title suit, Birendra Prasad was doing pairvi and during that pairvi period, he used to take L.T.I. of Budha Kunwar on plain paper, therefore, it is possible that the said plain paper might have been converted to a hand note and contract for sale. Budha Kunwar was never in need of money and there was no occasion for her to obtain loan and to execute either hand note or contract. The further case of the defendant is that the value of the suit property on the date of contract to sale was more than Rs. 35,000, as such, there was no question of agreement to sale the property for meager amount of Rs. 13,400. Budha Kunwar had already died on 06.09.1965, therefore, she could not have executed the contract for sale on 07.09.1965. The plaintiffs have no means to pay the consideration amount and the plaintiffs never tendered any amount for execution of the sale deed.