DULARI KUER Vs. SHIVANANDAN PRASAD SINGH

JUDGEMENT

(1.) Defendants 2 to 4 preferred second appeal before this Court.

(2.) The plaintiff filed the suit for specific performance of contract on the basis of a 'mahadanama' (contract of sale) dated 11th November, 1964 (Ext. 4) which was executed by Must. Bhatni Kuer (defendant No. 1) in favour of the plaintiff for Rs. 5,000.00 in respect of the suit land. Out of Rs. 5,000.00, a sum of Rs. 2,000.00 was paid at the time of the execution of the 'mahadanama' (Ext. 4). It was also stipulated in the 'mahadanama' (Ext. 4) that by 15th December, 1964, defendant No. 1 was to execute the sale deed in favour of the plaintiff on receiving balance of the consideration amount, that is, Rs. 3,000.00. The plaintiff also prayed for execution of the sale deed in favour of the plaintiff by defendants 1 to 4. It was also prayed that if defendants 1 to 4 did not execute the sale deed according to the direction of the court, the court itself should execute the sale deed in favour of the plaintiff after the balance of the consideration amount, that is Rs. 3000.00 was deposited by the plaintiff

(3.) The suit was resisted by defendants 2 to 4 on the basis of three registered sale deeds dated 27th November, 1964 (Exts. A to A/2) which were executed by defendant No. 1 in favour of defendants 2 to 4. It is on the basis of the registered sale deeds that defendants 2 to 4 claimed that they were bona fide purchasers. They also pleaded that they had no notice of the 'mahadanama' (contract of sale) dated 11th November, 1964 (Ext. 4) which was executed by defendant No. 1 in favour of the plaintiff. Defendants 2 to 4 also denied the execution of the 'mahadanama' by defendant No. 1.