SHAMBHU PRASAD SINGH, A.N.MUKHARJI
Shiva Narayan Sah – Appellant
Versus
Baidya Nath Prasad Tiwary – Respondent
1. This Second Appeal by the defendants is directed against the concurrent judgment of the courts below decreeing the suit of the plaintiffs. The suit was for a declaration that the original plaintiff whose heirs are respondents before this Court acquired valid title to Schedule 1 property by a registered sale deed dated 18th March. 1960 and was entitled to the custody of the registration receipt of the said deed on payment of Rs. 765/- in favour of defendants first party and Rs. 1300.00 in favour of defendants second party. The original plaintiff also sought a direction that defendants second and third parties be ordered to deposit the deed of mortgage by conditional sale and the registration receipt in token of payment of Rs. 1300.00 in court and to give up possession of the disputed property in her favour.
2. The admitted facts are that on 3rd December. 1956 defendant No. 1 executed a deed for Rs. 1300.00 in favour of defendant No. 2 in respect of the disputed property. According to this deed the property was to go back to defendant No. 1 on payment of the amount aforesaid if paid before 13th Baisakh. 1371 Fs (corresponding to 9th May. 1964). If the amount was not paid b
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