SUMITRA MAHANTA Vs. SANTOSH CHANDRA GORAI

JUDGEMENT

(1.) PLAINTIFF is the appellant against this judgment of reversal. PLAINTIFF filed a suit being Title Suit No.9 of 1984 in the Court of learned Civil Judge (Senior Division), Second Court, Bankura for specific performance of the contract. According to plaintiff she sold out the suit property at a consideration of Rs.9,999/- to the defendant on 30 th January, 1981 when defendant executed an unregistered agreement stating that if said principal amount would be paid to him 2 within the month of Magh, 1399 B. S. by the present plaintiff then he would execute a deed of reconveyance in favour of the plaintiff and that on failure on his part plaintiff would be at liberty to file a case for specific performance of contract. It is further case that plaintiff collecting the consideration money approached defendant in the month of Poush, 1390 B. S. to execute the Kobala in favour of plaintiff in terms of said agreement dated 30 th January, 1981 but without any result. It is further case that plaintiff sent an advocate?s notice dated 19 th December, 1983 to the defendant asking him to be present at Gangajal Ghati registration office on 18 th January, 1984 for execution of said Kobala in favour of the plaintiff in terms of said agreement dated 30 th January, 1981 but defendant did not turn up in spite of receipt of said notice on 21 st of December, 1983. Accordingly, plaintiff filed said suit for specific performance of contract alleging that she was all along ready and was still ready and willing to perform her part of contract namely payment of consideration money.

(2.) THE defendant filed a written statement denying material allegations of the plaint and contending inter alia that though defendant purchased the suit property from plaintiff through a Kobala dated 30 th

(3.) IN the appeal being Title Appeal No.95 of 2002 preferred by the defendant, learned Additional District Judge, Second Court, Bankura, however, allowed the appeal by setting aside the judgment and decree of Trial Court.