KAMAL BHOWMIK Vs. SABITA LASKAR

JUDGEMENT

(1.) Both the present second appeals are directed against the common judgment and decree dated 14.06.2018 passed by the learned District Judge, Gomati Judicial District, Udaipur in Title Appeal No.18 of 2015 dismissing the appeal, affirming the common judgment dated 30.07.2015 and decree dated 06.08.2015 whereby and whereunder the learned Civil Judge, Jr. Division, Udaipur, Gomati Tripura decreed the suit of the plaintiff and dismissed the counter claim filed by the defendant-appellant in Title Suit No.14 of 2011.

(2.) Since common questions of law and facts are involved in both the appeals, these two appeals are taken up together for disposal by this common judgment on consent of the learned counsels appearing for the parties to the lis.

(3.) The plaintiff-respondent [here-in-after referred to as plaintiff] instituted a suit for declaration, confirmation of possession and perpetual injunction against the defendant-appellant [here-in-after referred to as defendant]. The defendant contested the suit by filing written statement and he also filed a counter claim claiming specific performance of a deed of agreement for sale (Exbt.B/I). The subject in dispute as projected by the learned first appellate court may be reproduced, in verbatim, hereunder: