- (1.) A suit for specific performance was dismissed by the Trial Court. On appeal, the same was decreed, giving rise to the present second appeal.
(2.) FACTS of the case, as admitted between the parties, are as follows. The plaintiff was the owner of the suit property. She by a registered deed sold the suit property to the defendant that the price of Rs. 1700/ -. Such sale took place on 12th Baishak, 1390 BS. On the same date, the parties entered into a registered agreement by which the defendant agreed to re -convey the suit property to the plaintiff on the plaintiff paying a sum of Rs. 1700/ - to the defendant by 30th Chaitra, 1390 BS.
(3.) FACTS of the case were disputed thereafter. The defendant claimed that, the plaintiff for a consideration of Rs. 600/ - sold her right to receive reconveyance, to the defendant, in respect of the suit property. The plaintiff, according to the defendant, never tendered the sum of Rs. 1700/ - to him. The receipt of the sum of Rs. 5600/ - was not admitted by the plaintiff. The plaintiff claimed that, she repeatedly tendered the sum of Rs. 1700/ - to the defendant within the time stipulated in the agreement. However, the defendant refused to accept the sum and re -convey the suit property in her favour. Lastly the plaintiff went with her husband to the defendant on 29th Chaitra, 1390 BS to tender the sum of Rs. 1700/ - when the defendant refused to execute and register a deed in favour of the plaintiff. The plaintiff, thereafter, filed the instant suit on April 16, 1984. The plaintiff deposited the sum of Rs. 1700/ - in Court as consideration money for the conveyance. The plaintiff did not sale her right to receive re -conveyance for the sum of Rs. 600/ - to the defendant.;