SUBHADRA DEVI Vs. BIMLA DEVI SARAWGI

JUDGEMENT

(1.) This is plaintiffs Second Appeal. The suit was decreed in part. Shri Aparesh Kumar Singh, Advocate appeals on behalf of the appellant and Shri Manjul Prasad, Sr. Advocate, assisted by Shri Dilip Kumar Prasad, Advocate, on behalf of the respondents.

(2.) The second appeal arises from Title Suit No. 202 of 1975 preferred by the plaintiff against the original defendant Smt Triveni Devi claiming relief of specific performance of contract entered into between the plaintiff and the original defendant- Smt. Triveni Devi. The case set up by the plaintiff before the trial court and as detailed in the plaint is that on 07.12.1972, an agreement to sell was entered into in respect of the property mentioned at the bottom of the schedule of the plaint and alternative relief, in the event the plaintiff is not entitled to relief (a) i. e. specific performance of contract then the defendant be directed to refund Rs. 5,000/- with interest @ 12% per annum with effect hum 07.12.1972 and also compensation of Rs. 10,000/- with interest and also award cost.

(3.) The case of the plaintiff is as follows. -