JITNI Vs. JANKI SINGH

JUDGEMENT

(1.) DEFENDANTS 1 and 2 of Title Suit No. 101 of 1975 have preferred this Appeal against the impugned judgment and decree dated 30.6.1989, passed by the 3rd Additional Subordinate Judge,Arrah, where by the plaintiffs were directed to deposit a sum of Rs. 62,000/ , being the remaining amount of consideration money, within a period of three months and the defendants were directed to withdraw the said amount and then execute the sale deed with respect to the suit properties in favour of the plaintiffs.

(2.) ONE Baldeo Singh, son of Kali Singh, of village Larauba, P.S. Makdumpur, district Gaya, on 27.5.1975 executed an agreement for sale in favour of Janki Singh and others of village Bhikhampur, P.S. Sahar, district Bhojpur with respect to 3.57 acres land of Revisional Survey Khata Nos. 56 and 66 situated at village Bhikampur. The lands, including a house over R.S. Plot No. 625 was agreed to be sold for Rs. 80,000/ . A sum of Rs. 14,000/ was paid in advance and Janki Singh and others were put in possession of the lands and the house in part performance of contract. The sale deed was to be executed by 1.8.1975, after obtaining necessary permission form the Consolidation Officer under the provisions of the Bihar Consolidation of Holdings and Prevention of Fragmentation Act, 1956.

(3.) UNFORTUNATELY on 7.7.1975 Baldeo Singh was killed. He left behind three married daughters Jitni, Sampari and Indra mari. His wife Manmati Kuer had predeceased him about six months earlier. On 20.8.195 Janki Singh and others sent notice to the three daughters asking them to execute the sale deed in respect of the suit properties by accepting the balance amount of consideration of Rs. 62,000/ , but they declined.