LAKSHMI BALA CHANAK Vs. BROJENDRA NATH PAIN
HIGH COURT OF CALCUTTA
LAKSHMI BALA CHANAK
BROJENDRA NATH PAIN
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Amiya Kumar Mookerji, J. -
(1.) This Rule was obtained by the plaintiff and it is directed against an order of the learned Munsif dismissing the petitioner's application under Section 151, Civil Procedure Code, praying for extending the time to make the deposit in terms of a decree for specific performance of a contract under certain circumstances.
(2.) The facts that lie in a short compass may be stated as follows:--
(3.) On March 2, 1028 by a registered Kobala, the petitioner purchased from her mother with her "Stridhan" .28 decimal of land in Dag No. 801, appertaining to Khatian No. 422 of Mouza Benai within the Midnapore Collectorate, in the name of her husband. On or about 1st December, 1959, the petitioner took a loan of Rs. 800/- from the opposite party No. 1, on executing a sale deed in respect of the above land in favour of the said opposite party No. 1, who executed an agreement of reconveyance of the said property in favour of the petitioner, on condition, that the said sum of Rs. 800/- was to be paid back to the said opposite party No. 1 within 1370 B.S. It is the case of the petitioner, that, she tendered the money within the stipulated time with a request to execute the deed of reconveyance but the opposite party No. 1 refused to comply with the said request. Accordingly, the petitioner brought a suit for specific performance of the contract in the Court of the 1st Munsif at Ghatal. The suit was eventually decreed in favour of the petitioner on the following terms:--
"That the suit will be decreed on contest with costs against defendant No. 1 and ex parte against the rest without costs, if the plaintiff deposits in Court a sum of Rs. 800/- to the credit of the defendant No. 1 by 6-8-65 and on her so depositing, the defendant No. 1 shall execute and register a deed of reconveyance in respect of the suit land in favour of the plaintiff at her costs. In default of the deposit of the amount by the date, fixed, the suit shall stand dismissed with costs.";
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