MUNSHI SAO Vs. KHAINI DEVI

JUDGEMENT

(1.) This Second Appeal is directed against the judgment and decree dated 5-8-1992 passed by 5th Additional Judicial Commissioner, Ranchi whereby he has dismissed title appeal No. 68/90 and affirmed the judgment and decree passed by Sub-Judge V, Ranchi in Title Suit No. 37/86.

(2.) The plaintiff appellant filed the aforementioned suit for a decree for specific performance of contract. It was alleged by the plaintiff that he entered into an agreement that defendant No. 1 on 14-2-80 for sale of the suit land and in pursuance of that agreement, the plaintiff paid a sum of Rs. 6,000.00 to defendant No. 1. As per the terms of agreement the defendant was required to execute the sale deed in favour of the plaintiff after obtaining permission under Section 46 of the Chotanagpur Tenancy Act. It is alleged that when the defendant No. 1 had not shown her readiness to execute the sale deed the lawyers notice was given in 1986 and thereafter suit was filed.

(3.) The defendant No. 1 who was illiterate tribal lady denied the execution of agreement and stated that she never put her L.T.I. in the agreement.