RAMASHIRAY SINGH ALIAS RAMASHRAY Vs. GANGOTRY PRASAD SINGH

JUDGEMENT

(1.) ONE Bachai Singh of village Khalispur, District Samastipur had two sons, Banwari Singh and Shyambihari Singh. Banwari Singh left behind two sons, Siya Singh, defendant No. 1 and Ram Subhag Singh, who died leaving behind his widow, Lalita Devi, two sons, Ram Ashray Singh and Hari Shankar Singh and a daughter, Vaidehi Devi, the defendants 2 to 5. Shyambihari Singh died issueless leaving behind his widow, Mostt. Mahtab Kuer.

(2.) THE plaintiff respondent No. 1 claimed that the two sons of Buchai Singh were separate and on 3.11.1973, Mostt. Mahtab Devi executed a Mahdanama (Ext. 3) in his favour of sale 2 bighas 9 kathas and 11 dhurs land detailed therein for a consideration of Rs. 20,000.00. He paid Rs. 15,000.00 as advance and the balance amount of Rs. 5000.00 was to be paid at the item of execution of the sale deed in the first week of January, 1974. She was required to sell the land to raise fund for performing Ekadashi Udyapan and Chaturdashi Nistar Yagya as well as pilgrimage to Varanashi, Ayodhya, Brindavan etc. The agreement for sale was scribed by Satyanarain Singh (P.W. 15) and after being acquainted with the contents thereof, Mostt. Mahtab Devi put her L.T.I., and executed the said deed in the pen of Deonandan Singh (P.W. 9) and two witnesses, Ram Udgar Singh (P.W. 13) and one Kailash Singh.

(3.) THE plaintiff was all along ready to perform his part of contract, but Mostt. Mahtab Devi, in her life time and the defendants after her death dishonestly and illegally refused to take the balance amount and execute the sale deed.