PRADIP CHANDRA SHIL Vs. SHANKAR SOM

JUDGEMENT

(1.) This appeal is filed by the original plaintiffs by which the appeal of the present respondent-original defendant came to be allowed. This appeal was admitted for consideration of following substantial questions of law :

(2.) Short facts may be noted at the outset :

(3.) The defendant appeared and filed a written statement in which he did not dispute execution of the agreement to sell or acceptance of part consideration of Rs.60,000/- at the time of such execution. His defence, however, was that he was not the sole owner of the suit property. The other co-owners being his brother, mother and sister, they refused to dispose of the property. He was, therefore, unable to execute the sale deed. A meeting was, therefore, held between the plaintiffs and him during which he returned the sum of Rs.60,000/- which the plaintiffs also accepted. The agreement of sale, however, remained in the custody of the plaintiffs which they are misusing for filing the suit.