H K HEHTHESHAMUL HUK Vs. NASIMA BHANU

JUDGEMENT

(1.) The plaintiff filed the present writ petition against the order dated 16.09.2017 on I.A.No.6 made in O.S.No.6/2017 allowing the application filed by the 3rd defendant under Order 12 Rule 8 of Code of Civil Procedure (wrongly mentioned as Order 13 Rule 10 of CPC).

(2.) The present petitioner who is the plaintiff before the trial Court filed suit for specific performance to enforce the agreement dated 29.05.2012 in respect of the suit schedule property morefully described in the schedule to the plaint, contending that the husband of defendant No.1 and father of defendant Nos.2 and 3 executed a mortgage deed on 12.02.2012 in favour of the plaintiff and thereafter executed agreement of sale dated 29.05.2012 for a sum of Rs.54,84,375/- and received Rs.25,00,000/- as advance from the plaintiff and time was fixed to pay remaining amount and got registered sale deed within six months from the date of the agreement. In the meantime, the original defendant died and Lrs. were brought on record and inspite of repeated demand made, the defendants have not executed any sale deed. Therefore, the plaintiff filed the suit for the relief sought for.

(3.) The defendants filed written statement and denied all transactions including the agreement and contended that according to them they never executed the sale deed and the defendants have been in possession and enjoyment of the suit schedule property as absolute owners and sought for dismissal of the suit.