SRI BHABANI PRASAD BASU Vs. HARI DASI PAUL

JUDGEMENT

(1.) THIS appeal is directed against judgment and decree dated 31st day of March, 2006 passed by learned Additional District Judge, VIth Court, Alipore, in Title Appeal No.46 of 2005 in affirming the decree/order dated 23rd February, 2005 passed by learned Civil Judge (Senior Division), 9th Court at Alipore, in Title Suit No.24 of 2004.

(2.) THE appellant plaintiff filed said suit for specific performance of contract. Appellant /plaintiffs case, in short, was that he was inducted as a tenant in the suit premises by Laxmi Kanta Pal, predecessor-in-interest of the defendants with a permission to develop the land as well as to make construction thereupon for business purpose. THE tenancy agreement was executed in 1976. THE plaintiff developed said land and made permanent structures for running his business. In 1986-1987 Laxmi Kanta Pal approached plaintiff for purchase of said land. Though plaintiff was agreeable but Laxmi Kanta Pal demanded excessive price. To put pressure upon the plaintiff Laxmi Kanta Pal filed a Title Suit being No.228 of 1987 in the Court of learned Munsif, 2nd Court at Baruipur for permanent injunction and other reliefs. Said title suit was later transferred to the Court of learned Additional Munsif, 2nd Court at Alipore being renumbered as Title Suit No.160 of 1993.

(3.) AFTER contested hearing the plaintiff lost the suit. Trial Court opined on the basis of the report of hand writing expert and other evidence on record, and circumstantial evidence that the signature appearing on the alleged deed of agreement was not of L. K. Pal and that the facts and circumstances was also against the story of execution of alleged deed of agreement of sale by L. K. Pal in favour of the plaintiff. Learned First Appellate Court came to the same conclusion and dismissed the appeal.