KABITA SEN Vs. KANAK LATA CHAUDHARY

JUDGEMENT

(1.) BY this Letters Patent Appeal under clause 10 of the Letters Patent of the Patna High Court, the appellants have questioned and assailed the legality and validity of the judgment of the learned Single Judge, dated 13th July, 1993, in F.A. No. 82 of 1976, which was filed against the judgment and decree, dated 23.9.1975, recorded by Shri K.D. Sharma, 7th Additional Subordinate Judge, Bhagalpur, in T.S. No.107 of 1969. By the impugned judgment, the learned Single Judge dismissed the First Appeal and affirmed the decree of the trial court dismissing the suit of the appellant -original plaintiff. That is how, this Letters Patent Appeal has come for our consideration and adjudication.

(2.) WE have heard the learned counsel for the parties and have examined the record including the judgment of the trial court, as well as, that of the appellate Court. The material facts giving rise to this Letters Patent Appeal may be highlighted at this juncture so as to appreciate the merits of the appeal and challenge against it.

(3.) ACCORDING to the original plaintiff, appellant herein, the original defendant, since dead, and represented by legal heirs, had agreed to sell the disputed property for a consideration of Rs. 55,000/ - besides Rs. 1520/ -, being the amount of arrear rent due from the tenants in occupation of the house. As per the case of the original plaintiff, he performed his part of contract but the defendants refused to perform their part of the contract and execute the sale deed as the defendants contended that there was no concluded contract. The suit was dismissed. The appeal was also dismissed and, therefore, this Letters Patent Appeal.