REKHA MUKHERJEE Vs. ASHIS KUMAR DAS

JUDGEMENT

(1.) This revisional application has been preferred against the order No. 119 dated 19.4.1999 passed by the learned 9th Civil Judge, Senior Division, Alipore in Title Suit No. 49 of 1990 whereby the learned Court decided the issue Nos. 9 and 5 in favour of the plaintiffs/opposite parties.

(2.) The petitioner herein is the sole defendant of Title Suit No. 49 of 1990. The opposite parties filed a suit for specific performance of contract against the petitioner/defendant alleging that the defendant executed 3 agreements for sale in favour of the plaintiffs 1 and 2 and their mother since deceased on 16.12.89. By those 3 agreements the defendant agreed to sale the undivided one third share of 9 cottahs of land at premises No. 77/1 Hazra Road, Cal-29 in favour of each of the three persons being Smt. Gouribala Das, Ashis Kumar Das and Abish Kumar Das at a total sum of Rs. 9,00,000/- and each of them was to pay a sum of Rs. 3 lakhs. It was further agreed that each of the purchasers was to pay Rs. 75,000/- as earnest money and accordingly all the three purchasers paid a total amount of Rs. 2,25,000/- to the defendant. The agreements were cancelled by the defendant on 4.6.90 and the earnest money received by her was also forfeited on grounds common to at all. On 23.3.90 Smt. Gouribala Das, the mother of the plaintiffs died. The plaintiffs 1 and 2 filed the aforesaid Title suit on 31.10.90 for specific performance of contract. Pursuant to the revisional application filed by the defendant this High Court directed the learned Court below to decide the issue Nos. 9 and 5 at the preliminary stage. The issue No. 9 reads thus, "Is the suit bad for misjoinder of causes of action?" and issue No. 5 was framed on the point, "whether the suit is properly valued and correctly stamped?"

(3.) The learned Judge disposed of issue No. 9 by holding,