TIRTHANAND SINGH Vs. ZER MOHAMMAD

JUDGEMENT

(1.) THESE two appeals were heard analogous because in both the suits under appeal, issues were identical and the parties were also the same. So this common judgment will govern both these appeals.

(2.) THE learned trial Court had decreed the suit (T.S. No. 5 of 1983 and T.S. No. 6 of i 983) and, on appeal being preferred by the defendants of the suit, the first appellate Court reversed the judgment of the trial Court and dismissed the appeal.

(3.) THAT in a nut -shell, the case of the plaintiff -appellant in both the suits before the trial Court, as mentioned above, was that he had sold the suit land in favour of defendant -respondents for Rs. 3000.00 and through a separate agreement, it was agreed by the defendant -respondent that he will reconyey the suit land to the plaintiff -appellant after receiving the consideration money by the 30th Magh 1390 M.S. (Fasli Year); However, when he went to tender the consideration money to the defendant -respondent, the latter failed to accept the same and so two different suits were filed for specific performance of contract. Both the suits were heardby the trial Court and, on contest, they were decreed. On appeal being preferred by the defendant -respondent, the judgments of the trial Court were set aside and the suits were dismissed.