Smt Kamlesh and 3 Others v. Ramesh and 19 Others

Court No. - 36

Case :- SECOND APPEAL No. - 563 of 2024

Appellant :- Smt Kamlesh And 3 Others Respondent :- Ramesh And 19 Others Counsel for Appellant :- Bhuvnesh Kumar Singh Counsel for Respondent :- Vindhya Vashini Prasad Rai

Hon'ble Kshitij Shailendra,J.

1. Heard Sri Bhuvnesh Kumar Singh, learned counsel for the plaintiff-appellants and Sri Ayub Khan, learned counsel holding brief of Sri V.P. Rai, learned counsel for the defendantrespondents no.1 and 2.

1. This is plaintiffs' appeal arising out of a suit for specific performance of a reconveyance deed.

1. Learned counsel for the appellants submits that on 08.07.1974 two registered documents were executed; one a sale deed in favour of the defendants and the other a deed of reconveyance containing certain conditions to the effect that after 07.07.1980, the property would be reconveyed. It is contended that some of the defendants admitted the claim of the plaintiffs during the pendency of the suit itself and, consequently, the suit was decreed, however, the first appellate court has reversed the decision by observing that either the document was not executed or it was fraudulently got executed. At various places of appellate court's judgment, finding has been recorded that the agreement contained signatures of only the vendor, it would amount to an offer alone and would not fall within the meaning of a contract. He submits that the document was prior to the year 1977 and, at that time, there was no requirement of signatures of both the parties to the agreement and, therefore, the reconveyance deed could not be discarded on that ground. In support of his submissions, learned counsel has placed