MD. ABDUL SATTAR Vs. MD. MARUF ALI

JUDGEMENT

(1.) Heard Mrs. P. Dhar, learned counsel appearing for the petitioner as well as Mr. D.C. Roy, learned counsel appearing for the respondents.

(2.) Briefly stated, the respondents who were the original plaintiffs of the Title Suit filed for specific performance of contract of the suit land mentioned in the plaint itself. The petitioner before the Trial Court had filed written statement being the defendant. Issues were framed, evidence was recorded and after hearing the arguments, the learned Trial Court had passed the judgment dismissing the suit filed by the plaintiffs. The plaintiff i.e. the respondents herein had preferred first appeal before the Court of learned District Judge. The learned District Judge after hearing the parties reversed the findings of the learned Trial Court and decreed the suit in favour of the plaintiffs for specific performance of contract.

(3.) The defendant i.e. the petitioner herein being aggrieved had preferred second appeal before this Court. In the second appeal, this Court had affirmed the judgment and decree passed by the learned First Appellate Court. To reiterate, the decree was for specific performance of contract on the basis of the contract entered into between the plaintiffs, the respondents herein and the defendant, i.e., the petitioner of this revision petition. Thereafter, the decree was put to execution before the learned executing Court. The learned executing Court had appointed Survey Commissioner. The petitioner who was the original defendant had filed an objection under Section 47 of the Code of Civil Procedure, 1908. The matter was heard and by order dated 20.02.2019, learned Civil Judge, Junior Division Kailashahar had dismissed the objection filed by the defendant, the petitioner of this revision petition, as the learned Judge did not find any reasonable ground for raising objection against the execution of the decree in connection with the case bearing No. Ex(T) 02 of 2017.