Allahabad Court July 1934 Judgments

Lala Gauri Shankar Vs. Babu Ram Sewak and anr.

Court: Allahabad

Reported in: 152Ind.Cas.39

1. This is an appeal by the defendant Gauri Shankar arising out of a suit brought for specific performance against him by the plaintiff. On July 18, 1932 the vendor Shambhu Prasad entered into a contract for the sale of a shop to the plaintiff Ram Sewak for Rs. 2,500. On July 22,1932, he executed a sale deed of the same shop in favour of the appellant Gauri Shankar ostensibly for a sum of Rs. 3,300. It was recited in the sale deed that Rs. 300 out of the sale consideration were paid at the house of the vendor and the balance of Rs. 3,000 would be paid at the time of the registration. Just when the document was presented for registration at the office and the Sub-Registrar was proceeding to make the endorsement of the presentation on the back of the instrument, Ram Sewak filed an application to the effect that he had a prior contract in his favour of which notice should be given to the vendor and the vendee. The Sub-Registrar announced the fact to them and then completed his endorsement...