SMT. CHINTA DEVI AND ANR. Vs. SMT. SARASWATI DEVI
LAWS(JHAR)-2002-9-118
HIGH COURT OF JHARKHAND
Decided on September 24,2002

Smt. Chinta Devi And Anr. Appellant
VERSUS
Smt. Saraswati Devi Respondents

JUDGEMENT

Gurusharan Sharma, J. - (1.) Defendants are appellants. On 13.12.1995 the plaintiff executed a registered sale deed (Exhibit -B) in favour of the defendant No. 1 in respect of the suit property, for a consideration of Rs. 30,000/ - and simultaneously the defendant No. 1 executed a registered deed of agreement (Exhibit -3) in favour of the plaintiff undertaking to reconvey the said property on the same consideration amount within a period of five years, commencing from 1.1.1986 to 31.12.1990.
(2.) On 14.11.1990, the plaintiff sent lawyer's notice (Exhibit - 1) to the defendants to reconvey the property in question as she was ready and willing to pay the amount of consideration before the Sub -Registrar. Hussainabad. On 27.11.1990 defendant No. 2, husband of defendant No. 1 wrote a letter (Exhibit -7) to plaintiff's advocate, who had sent aforesaid notice that he was ready to receive the aforesaid amount of Rs. 30,000/ - from Saraswati Devi in Registry office. Hussainbad on any date and time fixed by her.
(3.) On 20.12.1990 the plaintiff filed Title Suit No. 59 of 1990 against the defendants for specific performance of agreement dated 13.12.1985 and direction to receive the consideration amount of Rs. 30,000/ -, to execute and register deed of reconveyance with regard to the suit property and to hand over possession thereof to the plaintiff.;


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