RIMEMBER KHASIA Vs. SURFAN ALI

JUDGEMENT

(1.) THIS is an appeal under Section 100 of the CPC against the judgment dated 24.11.2014 by the District Judge, Unakoti District, Kailashahar in T.A. No. 01/2014 which has affirmed the judgment dated 30.11.2013 passed by the Civil Judge, Sr. Division, Kailashahar in T.S. No. 09/2013.

(2.) THE respondent herein filed the suit, being T.S.09/2013 for specific performance of contract dated 04.02.2009 whereby the appellant herein, the defendant in the suit, agreed to sell 400 trees at a price of Rs. 1,80,000/ -. The appellant accepted a sum of Rs. 45,000/ - in terms of the said agreement and the remaining amount was agreed to be paid by two instalments in the phased manner. It has been pleaded by the respondent that the contract dated 04.02.2009 was in force when the said suit was filed. It is the admitted position that the plaintiff filed another suit earlier, being Title Suit No. 47/2009 against one Abdul Salem and the appellant herein, seeking declaration. The contract entered between the appellant and one Abdul Salem in the year 2002 for selling trees, was sought to be declared void, but the said suit was dismissed by the judgment dated 30.07.2011 on returning the decision as under :

(3.) IT is also the admitted position that against the said judgment, the respondent, the plaintiff in Title Suit No. 09/2013, preferred review of the said judgement, but the said review application was also dismissed by the District Judge, North Tripura, Kailashahar as it then was. The present suit, being Title Suit No. 09/2013 has been filed for specific performance of contract as the defendant -appellant has failed to perform his obligations.