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1990 Supreme(Pat) 117

S.B.SINHA
Paryag Mahto – Appellant
Versus
Ram Janam Mahto – Respondent


Advocates Appeared:
For the appellant : M/s A. K. Sinha & Manjul Prasad;
For the respondent: Mr. P. C. Roy.

JUDGMENT :-

S. B. Sinha, J.

This second appeal is directed against the judgment and decree dated 18.12.87 (decree signed on 4.1.88), passed by Sri Jugal Kishore Prasad, 6th Addl. District Judge, Palamau at Daltonganj in Title Appeal No. 29 of 1986, whereby and where under he has confirmed the judgment and decree dated 5.6.86 (decree signed on 13.6.86) passed by Sri Basudeo Sharan, 2nd Addl. Munsif, Daltonganj, in Title suit no. 46 of 1985.

2. This appeal raises a question with regard to the interpretation of Section 16(c) of the Specific Relief Act, 1963.

3. The basic facts are not in dispute. Admittedly a deed of sale was executed on 13.1.82, by the plaintiff appellant in favor of the defendant-respondent, whereby and where under the appellant transferred the suit land being survery plot no. 364, appertaining to Khata no. 50, situate at village Sewai, P. S. Lesliganj, measuring 0.451/2 acres of lands for a total consideration of Rs. 2000/-. On the said date, the defendant-respondent entered into an agreement to reconvey the said property to the plaintiff, in the event the plaintiff pays back the consideration amount of Rs. 2000/- to the defendant by 13.1.1986. In terms of the sale de



















































































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