MAHABIR MANDAL Vs. LAKHAN LAL MANDAL

JUDGEMENT

(1.) HEARD learned counsel for the appellant.

(2.) THE defendant 1st set is the appellant against a judgment of reversal. This appeal is directed against the judgment and decree dated 19.11.1998, passed by the learned Additional District Judge -IV, Munger, in Munsif Title Appeal No. 48 of 1994 (Lakhan Lal Mandal vs. Mahabir Mandal and others), whereby he has reversed the judgment and decree dated 30.8.1994, passed by the learned Addl. Munsif -IV, Munger, in Title Suit No. 65 of 1981 (Lakhan Lal Mandal vs. Mahabir Mandal and others). The trial court had dismissed the suit but decreed by the impugned judgment, Hence the appeal at the instance of the defendants first party. We shall go by the description of the parties stated in the plaint.

(3.) THE plaintiff (respondent no. 1 herein) instituted the suit for a decree that the defendant 1st party should execute the sale -deed in favour of the plaintiff in respect of the property mentioned in sched - ule -B of the plaint on payment of Rs. 2500/ - by the plaintiff and further direction to hand over vacant possession of schedule - B property to the plaintiff and if the defendants tail to execute the sale -deed, the same may be executed by the court and possession be given through the process of the court as well for declaration that the plaintiff has got perfect right, title, and interest to perform the contract arrived between the defendant 1st party and 2nd party in view of the registered Ekrarnama dated 24.8.1976. The defendant 2nd party and 3rd party owned and possessed the land mentioned in schedule -A of the plaint having equal share and they executed the two sale -deeds with regard to their respective shares on 24.8.1976 in consideration of Rs. 2500/ - each and these were deed of conditional sale as on the same date a registered Ekrarnama was also executed and the defendant 1st party agreed that the representative of the heirs of defendant 2nd party and 3rd party shall have a right to take back the property on payment of Rs. 2500/ - uptil September, 1981 by defendant 2nd party and 3rd party and the 1st party and their heirs or legal representative shall return schedule -A property and if the defendant 2nd and 3rd party failed to get the sale deed executed on payment of consideration amount then sale deed shall be executed through the process of the court and possession be taken through the process of the court. The plaintiffs further case is that if the defendant 2nd party and 3rd party failed to make payment by September, 1981. and take back the property by September, 1981, the right to take back the property shall come to an end. The plaintiffs further case is that the defendant 2nd party executed the sale deed in favour of the plaintiff in respect of the property mentioned in schedule -B on 16.10.1980 for consideration of Rs. 5000/ - out of which Rs. 2500/ - were left with the plaintiff to offer the same to the defendant 1st party according to the terms of the said Ekrarnama and the plaintiff stepped into the shoes of the defendant 2nd party and got right, title and interest. The plaintiff offered Rs. 2500/ - on 20.9.1981 to the defendant 1st party and requested to execute the deed but defendant 1st party refused. Hence the suit.