SAITUN NISA Vs. TRILOKI VISHWAKARMA ALIAS TRILOKI MISTRI

JUDGEMENT

(1.) This appeal under Clause 10 of the Letters Patent of the Patna High Court arises out of the judgment dated 13-2-1990 passed by the learned Single Judge of this Court in FA No. 42 of 1984 (R) by which the learned Single Judge allowed the appeal in part and modified the judgment and decree passed by the Special Subor- dinate Judge, Ranchi, in T.S. No. 220 of 1982 decreeing the suit for specific performance of the agreement to sell.

(2.) The plaintiff-appellant filed the aforesaid suit for a decree for specific performance of agreement to sell dated 8-5-1979, executed by the defendant agreeing to transfer 854 Sq. feet of land comprised within Municipal Survey Plot No. 206 bearing Holding No. 583 within Ward No. 5 of Ranchi Municipality.

(3.) The plaintiff's case, inter alia, was that out of the total consideration amount of Rs. 21,500/- a sum of Rs. 13,500/- was paid in advance and further a sum of Rs. 600 was also paid on 16-5-1979. The balance amount was agreed to be paid at the time of execution and registration of the sale-deed. As per the agreement, the defendant/respondent was required to execute and register the sale-deed in favour of the plaintiff within six months from the date of receipt of permission of the competent authority as required under Section 27 of the Urban Land (Ceiling and Regulation) Act, 1976 (hereinafter to be referred to as 'the Act' for short).