OM PRAKASH GUIDE Vs. JAGDISH NARAYAN GUPTA

JUDGEMENT

(1.) Heard Mr. Gopal Govind Mishra, the learned counsel for the appellant, and Mr. Buxi S. R. P. Sinha, the learned senior counsel for the respondent Nos. 1 to 4.

(2.) The appellant has filed this appeal under sec. 100 of the Code of Civil Procedure against the judgement and decree passed by learned Additional District Judge-III (F.T.C.), Bhojpur, Ara in Title Appeal No. 27 of 2004 whereby the learned Additional District Judge set aside the judgement and decree dtd. 18/8/2004 passed by learned Munsif- II, Ara in Title Suit No. 2 of 1990.

(3.) The appellant is plaintiff. The appellant filed the suit for specific performance of contract with regard to land mentioned in schedule-2 of the plaint. The plaintiff is grand son of Ranglal. Ranglal got five daughters and one son. Ranglal died in the year 1957 leaving behind four daughters and one son. His 5th daughter Kamla Devi died issueless. After death of Ranglal his wife Panna Devi got strained relation with his son and daughter-in-law. Panna Devi purchased 26 Kari land, fully mentioned in schedule-1 of the plaint, in the year 1961 through a registered sale deed. Panna Devi sold 8 Kari land in favour of his eldest daughter, Rampyari Devi. Rampyari Devi constructed house thereon. Rampyari Devi is defendant No. 10. Bishwanath Prasad, sole son of Ranglal and Panna Devi died leaving his widow Panpati Kuer and sons, who are defendant Nos. 4 to 8. Panpati Kuer is defendant No.9. Panna Devi agreed to sale the remaining portion of land measuring 18 Kari to the plaintiff/ appellant on consideration of Rs.20,000.00. She received Rs.15000.00 as part consideration money but sale deed could not be executed on account of illness of Panna Devi. After death of Panna Devi the plaintiff requested the defendants to execute the sale deed, after receiving remaining consideration amount, but the defendants refused to execute the sale deed.