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1996 Supreme(Pat) 182

B.L.YADAV
Munarma Devi Alias Manorama Devi – Appellant
Versus
Gango Devi Alias Gangia Devi – Respondent


Judgment

1. This is a plaintiffs second appeal in the suit for return of the property, transferred to the defendant under a transaction which was apparently a conditional sale dated 4-7-1979, of a mortgage by conditional sale.

2. The plaintiff or appellant filed the suit with the averment that she executed a conditional sale on 4-7-1979 for a sum of Rs. 5,000.00 (five thousand) in favour of defendants. The stipulation was that on payment of consideration of Rs. 5,000.00 the defendant would return back the property (in scheduleA) to her. She even though requested several times the defendant-respondent to take the amount of Rs. 5,000.00 and to execute the deed for reconveyance but they did not accept the money nor executed the sale deed in her favour. The plaintiff gave a registered notice through the advocate which was served on the defendant indicating that the plaintiff is ready and willing to perform her part of contract but the defendants did not perform their part of contract hence the amount was being deposited in the Court and the suit was filed.

3. The suit was contested by the defendants-respondents admitting the execution of the deed but the plaintiff never offered the said





















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