MAHENDRA KUMAR ROY Vs. NIRANJAN MALAKAR AND ORS.

JUDGEMENT

(1.) ON the following substantial questions of law, this second appeal has been admitted for hearing: - -

(2.) THE appellant as plaintiff instituted Title Suit No. 39 of 1989 in the Court of learned Civil Judge, Sr. Division, North Tripura at Kailashahar praying for a decree of specific performance of contract against defendant -respondent No. 1 Niranjan Malakar for the suit land mentioned in the schedule of the plaint

(3.) DEFENDANT -respondent No. 1 contested the suit inter alia, contending that the suit land was a path way for the entry in the house of the defendant -respondent No. 1 and the defendant respondent No. 1 did not really intend to sell the suit land described in the deed of agreement and the defendant also denied such agreement of sale.