- (1.) This appeal by the plaintiff-appellant appellant is against the judgment and decree of affirmance passed by learned 6th Additional District Judge. Giridih in Title Appeal No. 5 of 2001 upholding the judgment and decree of learned Munsif, Giridih passed in Title Suit No. 209 Of 1998.
(2.) The plaintiff filed the said suit, praying a decree for specific performance of the contract for sale of suit land appertaining to Khata No. 36 and 78, Plot Nos. 333 and 340, Holding Nos. 734 of Giridih. The plaintiffs case is that the said lands were offered for sale by the defendant to the plaintiff for a total consideration of Rs. 24,000/- and agreement for sell was executed on 15-10-1998 and a sum of Rs.2000/- was paid to the defendant as advance. As per the agreement, the deed of sale was to be executed and registered by defendant No. 1 in favour of the plaintiffs after taking the balance consideration amount by 15-10-1999. In the meanwhile, the plaintiff came to know that the defendant No. 1 sold the said property to defendant No. 2 by executing a sale deed dated 17-11-1998. Hence the said suit was filed.
(3.) The defendants appeared and contested the suit stating inter alia that there was no such agreement for sale in favour of the plaintiff. No such agreement was ever executed by the defendant. It has been stated that deceased defendant Ram Prasad Sharma filed Title Suit No. 29 of 1987 against the plaintiff in respect of the suit property which was decreed and the appeal had been preferred by the plaintiff being Title Appeal No. 84 of 1989. The defendant denied to have taken any advance. It was stated that the plaintiff is the tenant under the defendant No. 1 on the monthly rent of Rs. 150/-. The defendant No. 1 sold the suit property in favour of the defendant No. 2 and she is the owner of the suit proper.;