UDHO RAI Vs. AMBIKA TEWARY

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated 10th March 1980, passed by the First Subordinate Judge, Arrah in Title Suit No. 151 of 1974, whereby the said suit for specific performance of contract and for direction to the defendant No. 1 to execute sale -deed in respect of 6.15 acres of land, described in Schedule 1 to the plaint, in favour of the plaintiffs on receipt of balance consideration money as per agreement for sale dated 5.10.1973, was dismissed.

(2.) ACCORDING to the plaintiffs, defendant No. 1, Ambika Tiwary of village Bibta, district Patna alongwith his brother Kamta Tiwary acquired the lands detailed in Schedule -A to the plaint by way of gift from his uncle, Indradeo Tiwary. The gifted lands were at village Koil, P.S. Piro, district Bhojpur.

(3.) IT appears that after executing a sale agreement for sale on 5.10.1973, in favour of the plaintiffs, the defendant No. 1 and his brother defendant No. 5 jointly executed another registered agreement for sale (Ext. C) of the land in question in favour of the defendants 2 to 4 and subsequently executed registered sale -deeds Exts. A series therefor in favour of those defendants 2 to 4.