RAMJANAM BHARTHI Vs. DHURANDHAR KUER

JUDGEMENT

(1.) This is an appeal by the defendant against the judgment of the Subordinate Judge of Chapra, reversing the decision of the Munsif of the same place, in a suit filed by the plaintiff, Ganesh Gir, who is now dead and is represented by his widow and sons, for specific performance of contract in respect of an agreement between the parties to a decree passed on compromise on 10th January, 1949.

(2.) The suit originally had been filed for a decree for Rs. 446/14/- on a simple mortgage bond executed by the defendant in favour of the plaintiff on 10th June, 1938. It was compromised on 10th January, Z949. The terms settled, inter alia, were that the defendant will pay Rs. 335/- on the amount due, although the claim under the original mortgage deed was Rs. 446/14/- and that he will pay Rs. 50/- in cash and execute a usufructuary mortgage in favour of the plaintiff for the same land for which the original mortgage had been executed. The amount of the bond will be for the balance of Rs. 285/-. It was alleged that the defendant paid Rs. 50/- by money-order and subsequently executed a usufructuary mortgage bond, but the registration of the bond was delayed purposely, and, therefore, the plaintiff filed the suit. There was an alternative relief that in case the document cannot be registered, a decree for Rs. 285/- as principal and Rs. 85/13/6 as interest, be passed in favour of the plain-tiff against the defendant.

(3.) The suit was contested by the appellant, who pleaded, inter alia, that the suit was barred by limitation that the zarpeshgi bond in question was a forged and fabricated document, the defendant having not executed it, and that the plaintiff was not entitled to any decree for money in the alternative.