LABBU MANDAL Vs. SHANKAR PRASAD SINGH

JUDGEMENT

(1.) This appeal is against the judgment and decree dated 14th June, 1984, passed by 3rd Additional District Judge, Bhagalpur, in Title Appeal No. 67 of 1981, who modified the decree dated 19th September, 1981, passed by Sub-ordinate Judge, Bhagalpur in Title Suit No. 182 of 1979.

(2.) The suit was filed by the plaintiff- respondent for specific performance of contract in respect of 15 decimals of land appertaining of Khata No. 123, Khasra No.54, measuring 147 Ft. from east to west and 45 Ft. from north to south including pucca well situated in village Bahadurpur under Sabour Anchal in the district of Bhagalpur.

(3.) The appellant is the owner of land in plot No.54. Khata No. 123 having a total area of 2 acres 57 decimals. There is no dispute that the appellant entered into an agreement for sale of a plot of land with the plaintiff on 27.8.1979 for a consideration of Rs.6,000/- and pursuant to that agreement Rs. 400/- was paid as advance. The sale-deed was registered on 16.10.1979. The balance consideration money was paid at the time of execution and registration of the sale-deed.