BIBI ANWARUNISA Vs. DAULAT RAI

JUDGEMENT

(1.) The plaintiff is the appellant. She had filed the suit for specific performance of contracts of sale of the suit lands (described in Schedules A-1 to A-6 of the plaint) in her favour by the defendants by execution of registered sale deeds and in case of failure of the defendants to execute the deeds, she has prayed that the transfer may be duly made through the agency of the Court. Her suit was, however, dismissed by the learned Sub-Judge, hence the appeal. Certain facts which are admitted.

(2.) The plaintiff as owner of raiyati lands, executed five sale deeds on 24-3-69 in favour of the defendants (respondents) in respect of lands described in Schedules A-1 to A-5 respectively of the plaint, each for a consideration of Rs. 2,000/- and she executed another sale deed in respect of the land of Schedule A-6 on 25-3-69 in favour of the defendants for a consideration of Rs. 1,000/-. The first five sale deeds were registered on 25-3-69, and the sixth sale deed in respect of the lands of Schedule A/6 was registered on 26-3-69. The execution of the sale deeds was on condition that the defendants will reconvey the suit lands to the plaintiff if the consideration money is returned to the defendants in the month of Magh in any year within five years of the sale and in pursuance of this agreement, the defendants executed and registered six deeds of reconveyance. The deeds of reconveyance in respect of lands of Schedules A-1 to the A-5 (Exts. 4 to 4(e) embody the condition that if the money is tendered by the plaintiff in the month of Magh of any year from 24-3-69 to 23-3-74, the defendants will reconvey the lands to the plaintiff by executing registered sale deeds in her favour. Likewise, deed of reconveyance in respect of Schedule A/6 lands (Ext 4/e) stipulates that if the money is tendered by the plaintiff in the month of Magh in any year between 25-3-69 to 24-3-74, the defendants shall execute the sale deed in her favour.

(3.) The plaintiff's case is that she tendered the entire amount of Rs. 11,000/- through her men to the defendants during the month of Magh in 1973 and also in 1974 several times but the defendants avoided to receive the money and put off the matter. The plaintiff then sent a lawyer's notice dated 6-2-74 to the defendants by registered post requesting them to accept the money and reconvey the suit lands and although the notice was received by the defendants personally on 11-2-74 they neither gave any reply nor performed their part of the contract by executing the sale deeds in her favour and this indicates their mala fide intention of not fulfilling the contract between the parties. It is also asserted in the plaint that she is ready to perform her part of the agreement and is ready to pay or deposit the consideration money if ordered to do so.