SURENDRA CHANDRA ROY AND ANOTHER Vs. BAIKUNTHA CHANDRA ROY AND ANOTHER

JUDGEMENT

(1.) THIS appeal by the plaintiffs is directed against the judgment and decree passed by the District Judge, Cachar, and arises out of a suit for specific performance of an agreement for sale of immovable property. The plaintiff's case in brief is that they were tenants under defendant No. 1 in respect of the land in suit. Defendant No. 1 by an agreement dated 25 -6 -65 agreed to sell the land and the houses thereon to the plaintiffs for Rupees 4,500.00 and received a sum of Rs. 500.00 as advance. Subsequently defendant No. 1 declined to sell the land to the plaintiffs, but sold it to defendant No. 2 at Rupees 7,000.00. The plaintiffs therefore have filed this suit for specific performance of the aforesaid agreement.

(2.) DEFENDANT No. 1 has filed a written statement. He admits the execution of Ext. 1 but his case is that after the first agreement to sell the land for Rs. 4,500.00 had failed, he returned the advance money of Rs. 500.00 to the plaintiffs and he received no advance under Ext. 1. In substance his plea is that the plaintiffs failed to perform their part of the agreement and failed to pay him the agreed amount of Rs. 7,000.00 in time to the defendant No. 1 and therefore he sold the land to defendant No. 2 for Rs. 7,000.00. The defendant No. 2 also has filed a written statement and contested the suit. His plea is that he is a bona fide purchaser for valuable consideration without notice of any agreement between the plaintiffs and defendant No. 1.

(3.) THE only point to be decided in this case is whether the plaintiffs are entitled to get a decree for specific performance of the agreement as per Ext. 1, the material portion of which is as follows: -