HARIDAS DAS Vs. USHA RANI BANIK

JUDGEMENT

(1.) Challenge in this appeal is to the order passed by a learned Single Judge of the Gauhati High Court on an application for review under Order XLVII, Rule 1 of the Code of Civil Procedure, 1908 (in short the CPC). The application was filed by respondent No.1 for review of the judgment and order dated 21-8-2002 passed in Second Appeal No.12 of 1993. The Second Appeal was allowed by the High Court by the judgment and order, reversing the judgment and order passed in Title Appeal No.6/90 and affirming the judgment and decree dated 19-1-1989 passed in Title Suit No. 2 of 1987.

(2.) Reference to the factual background, as projected by the appellant in some detail would be necessary because the High Court has referred to the factual background to modify the judgment passed by the High Court in the Second Appeal and directing its dismissal. As a consequence the judgment and decree passed by the First Appellate Court was affirmed and that of the learned Munsif in the Title Suit was reversed.

(3.) One Kalipada Das, (respondent No.1 in the review petition) the original owner of the suit property, entered into an oral agreement with the appellant on 19-8-1982 and on the same day, the appellant paid a sum of Rs. 14,000/- towards the agreed consideration of Rs.46,000/- to sell his portion of the suit property, with a dwelling house standing thereon. The possession of the suit property was also handed over to the appellant, with a promise that a sale deed would be executed in favour of the appellant within three years. Again on 23-8-1982 the appellant paid a further sum of Rs. 31,000/. In essence Rs.45,000/- was paid leaving only a nominal sum of Rs.1,000/-; to be paid at the time of execution of the sale deed.