SRIMATI GULABRANI CHOUDHRAIN Vs. SRIMATI BABUA BINDA DEVI

JUDGEMENT

(1.) This appeal arises out of a suit for specific performance of contract for sale in respect of 7 Bighas 2 Kathas 15 dhurs of lands belonging to defendant No. 1 as described in the schedule of the plaint. The aforesaid lands belong to Shrimati Babua Binda Devi, defendant No. 1 of the suit and admittedly this property came in possession of defendant No. 1 by virtue of a deed of surrender dated 30 -6 -36 executed by the mother of defendant No. 1 in her favour. It may also be mentioned here that the properties are situated in village Nehra in the district of Darbhanga and that place is the Naihar (father's place) defendant No. 1. She is married in the district of Chapra where she ordinarily resides. Defendant No. 2 Babu Raj Narayan Singh is her husband and he belongs to the district of Chapra. He is a retired Railway guard and from the evidence it appears that he is commonly known as Guard Saheb. This fact was also not disputed that after the acquisition of the properties by defendant No. 1 from her mother, she executed a deed of Mokhtearnama (power of attorney) in favour of her husband, defendant No. 2. Plaintiff of the suit is Babu Jagarnath Chaudhary who is a resident of village Nehra and his full brother is Babu Jata Shankar Chaudhary, who is P.W. 23 and it may also be mentioned here that Babu Jata Shankar Chaudhary is commonly known as Bare Sarkar and the plaintiff is known as Chhote Sarkar. I have mentioned these facts because in the evidence there is a reference to these persons with these names.

(2.) Now the case of the plaintiff who is a respondent in this appeal briefly stated was as follows:

(3.) It was alleged that all these sale deeds were executed with dishonest intention simply because the defendant No. 2 had received more consideration from these transferees and there is also an explanation on behalf of the plaintiff for the . delay in the institution of the suit. It has been stated that plaintiff could not bring the suit for specific performance of the contract earlier on account of his ill health and on account of the talk which was going on for amicable settlement.