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1981 Supreme(All) 288

DEOKI NANDAN
GANESH PRASAD – Appellant
Versus
SARASWATI DEVI – Respondent


Advocates Appeared:
R.N.Singh, Sankatha Rai

DEOKI NANDAN, J.


( 1 ) THIS is a defendants second appeal in a suit for specific performance of a contract of re-conveyance of two houses at Varanasi. The trial court dismissed the suit but the lower appellate court has decreed it on payment of Rs. 3000/- as the amount of price agreed to be paid, rs. 1800/- as interest thereon for five years and Rs. 30/- on account of unpaid house and water taxes total Rs. 4830/ -.

( 2 ) THE main question which arises in this appeal is whether the plaintiffs could be said to be ready and willing to perform their part of the contract within the meaning of Section 16 (c) of the specific Relief Act. 1963.

( 3 ) KALI Das, husband of the first plaintiff-respondent and father of plaintiff-respondents Nos. 2 to 5 sold that property in dispute to one Pera Lal on 15th May, 1957 reserving to himself the right to re-purchase the same. Kali Das was, however, unable to arrange for the necessary funds to re-purchase the property from Pera Lal within the time limited by the agreement with Pera Lal, rather, he seems to have been in need of more money. The property being obviously worth much more. Pera Lal and Kali Das sold it to the defendant-appellant Ganesh Pras















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