RADHA RAMAN DEBNATH AND ORS. Vs. UTTAM BAL

JUDGEMENT

(1.) This petition is directed against the order, dated 07.09.2015, passed by the learned Civil Judge (Sr. Div) Gomati District, Udaipur, South Tripura in Title Execution Case No. 10 of 2007. The operative portion of the order reads as follows: - -

(2.) It is necessary to give the background of the case. The facts necessary for disposal of this case are that the respondent 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.) The plaintiff claimed that out of the total sale consideration of Rs. 1,75,000/ - mentioned in the agreement, they had already paid a sum of Rs. 10,000/ - and was ready to pay the balance amount Rs. 1,65,000/ -. The stand of the defendants 1 to 8 was that they had not entered into any such agreement with plaintiff Uttam Bal, but had in fact, agreed to sell the land to defendants 9 to 11 (petitioners herein) for total consideration of Rs. 2,80,000/ - and they had already received a sum of Rs. 1,31,000/ -.