RADHA RAMAN DEBNATH AND ORS. Vs. UTTAM BAL

JUDGEMENT

(1.) THIS second appeal is directed against the order dated 10.01.2012 passed by the learned District Judge, South Tripura, Udaipur in Civil Misc. Appeal No. 03 of 2011 whereby he allowed the appeal of the respondent Uttam Bal and remanded the case to the executing Court with the following directions: - -

(2.) THE facts necessary for disposal of this case are that the respondent No. 1 herein i.e. Uttam Bal instituted Title Suit 11 of 2003 in the Court of the learned Civil Judge (Sr. Division), Udaipur against Smt. Bhanu Rani Ghosh and 7 others. The plaintiff prayed for a decree of specific performance of contract dated 27.03.2003 wherein there was specific description of the land. The petitioners herein i.e. Shri Radha Raman Debnath, Shri Narayan Chandra Debnath and Shri Uttam Kr. Debnath were impleaded as defendants 9 to 11 in the said suit on the ground that they were unnecessarily interfering in the suit property.

(3.) DEFENDANTS 9 to 11 i.e. the petitioners herein also filed a Civil Suit against defendants 1 to 8 being T.S. 21 of 2003 for specific performance of contract dated 04.07.2002, wherein only the area of land was mentioned.