KRISHNA KUMAR Vs. RAGHUBIR PRASAD YADAV AND ANOTHER

JUDGEMENT

(1.) This appeal under Clause 10 of the Letters Patent is directed against the judgment and decree dated 15-1-1988 passed by a learned single Judge of this Court in F.A. No. 38/78, whereby the appeal filed by the defendant-respondent has been allowed and judgment and decree dated 27-7-1976 passed by the 3rd Additional Sub-Judge, Dhanbad in Title Suit No. 39/76 has been set aside and consequently the suit of the plaintiff-appellant for specific performance of contract hag been dismissed.

(2.) The fact of the case lies in a narrow compass.

(3.) The plaintiff-appellant instituted the aforementioned suit for a decree of specific performance of contract with a prayer that the defendant may be directed to execute and register a sale deed on accepting balance consideration in respect of the suit property appertaining to plot No. 7018/7866 of Khata No. 566 having an area of 0.07 decimals of village Chas, P.S. Chas, District Dhanbad (hereinafter referred to (as the 'suit property'). A further relief for declaration has been sought for that the registered sale deed dated 29-1-1973 executed by defendant No. 1 in favour of defendant No. 2 in respect of the suit property is collusive, void and Sham transaction.