AWADH KISHORE DUBEY Vs. VIMAL J. BNAVISHI

JUDGEMENT

(1.) This revisional application is directed against Order dated 8th November, 2011 passed by the Civil Judge (Senior Division), Alipore in Title Suit No. 25 of 1998, by which an application for analogous hearing of the said suit with Title Suit No. 41 of 2001 was rejected.

(2.) Prior to institution of the suit by the petitioner, the opposite party filed a suit for specific performance of an agreement for sale. According to the opposite party, the petitioner agreed to sell Unit No. G-1 on the ground floor measuring 331 square feet super built up area at a price mentioned in the agreement executed in this regard.

(3.) Subsequently, the petitioner instituted Title Suit No. 41 of 2001 praying for declaration that the agreement of sale executed by him in favour of the plaintiff/opposite party as well as his brother is forfeited and cancelled and is not enforceable, with further relief for recovery of possession.