Sada Sheo vs Putan Singh - 1946 Supreme(Oudh) 24

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1946 Supreme(Oudh) 24

MISRA
Sada Sheo – Appellant
Versus
Putan Singh – Respondent

JUDGMENT

Misra, J - This is a defendants' second appeal arising out of a suit instituted by Madari Singh for specific performance of a contract of sale against Sada Sheo and Sidh Gopal.

2. A compromise decree was passed by the learned Munsif, Unao, North, on 3-1-1940 The relevant terms of the compromise were as follows: (1) that the plaintiff would deposit in Court Rs. 875 within a period of two months from the date of the compromise, namely, 3-1-1940, and defendant 1, Sada Sheo, would be entitled to take Rs. 850 for himself and Rs. 25 for meeting the expenses of execution and registration of the sale-deed; (2) that on the money, being deposited, the defendant would at first withdraw Rs. 25 and would execute in the plaintiff's favour a registered sale deed in respect of the property in suit within a week, and after he has filed it in Court, he would be entitled to withdraw the remaining amount of Rs. 850; (3) that in case the sum of Rs. 875 is not deposited by the plaintiff within the period specified above, the plaintiff's suit would be deemed to have been dismissed with costs.

3. According to the above compromise, it was essential that the money should be deposited in Court by 3-

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