PHULWASI DEVI ALIAS PHULBASI DEVI Vs. ASHAN DEVI

JUDGEMENT

(1.) THIS appeal is directed against the order dated 2/6/2000 passed by the Subordinate Judge IX, Patna in Misc. Case No. 18 of 1996 filed under Order XXI Rule 99 read with Sec.151 of the Code of Civil Procedure (hereinafter referred to as the Code) wherein he has ordered for redelivery of possession of the disputed land to the respondents 1st set.

(2.) APPELLANT Phulbasi Devi filed Title Suit No. 22 of 1987 for specific performance of agreement for sale against respondent second set regarding 8 katha 11 dhurs of land of plot Nos. 54, 55 and 60, Khata No. 507 of village Dhakanpura (Boring Road), Patna, part of holding Nos. 116/108, Circle No. 249, Ward No. 34 of Patna Municipal Corporation. The land in question belonged to the respondent second set, namely, Bani Dey, her son Debashish Dey and daughter Jayshree Roy, all of whom are now residing at Kolkata. According to the appellant the respondents second set entered into an agreement with the appellant for sale of the above disputed land for a consideration of rupees four lacs. The appellant paid an earnest money of rupees one lack by two Bank drafts. A deed of agreement was executed on 12.7.1984. It was stipulated in the agreement that the respondents would take necessary permission from the authority before executing the sale deeds on payment of balance of consideration money of rupees three lacs. The respondents, however, did not take any step for executing the sale deed after receiving the earnest money in spite of several requests made by the appellant. Legal notices then were sent to the respondents, yet no sale deed was executed. The appellant then filed the above title suit No. 22 of 1987 against the respondents second set on 6.1.1987 before the Subordinate Judge IX, at Patna for the enforcement of the agreement for sale.

(3.) IT appears that in the meantime on 21.9.1996 the respondents 1st set filed an application under Order XXI Rule 99 of the Code in the execution court for restoration of possession which was registered as Misc. Case No. 18 of 1996.