PULESHWARI DEVI Vs. NAWAL KISHORE PRASAD

JUDGEMENT

(1.) ADMITTEDLY , on 12.12.1972 Ram Sewak Sah executed a registered sale deed, Ext. A in favour of Maheshwar Mishra in respect of 2.64 acres land for consideration of Rs. 700.

(2.) SIMULTANEOUSLY on the same date Maheshwar Mishra executed a registered agreement for sale, Ext. 1 in favour of Ram Sewak Sah in respect of aforesaid land with reference to the aforesaid sale deed, Ext. A to recovery the same on receiving consideration amount of Rs. 700/ - within five years.

(3.) ACCORDINGLY to plaintiffs, a sum of Rs. 900/ - was already paid in five instalments in between 11.6.1974 and 5.10.1976 and further a sum of Rs. 341/ - was paid 0'1 8.7.1978. Hence, more than aforesaid consideration amount was paid within the stipulated period, but the sale deed was not executed by the defendant.