MD SALIM RAHAMAN Vs. MONORAMA MONDAL

JUDGEMENT

(1.) Today the learned Advocate for the respondent has completed his submissions and thereafter the learned Advocate for the appellants has also made his submissions in reply. Hearing has been concluded.

(2.) The Court now delivers the following judgement : The predecessor-in-interest of the present plaintiffs-appellants namely, Mussamat Aklimannessa Bibi filed a suit for specific performance of contract against the defendant-respondent, Smt. Monorama Mondal being Title Suit No. 74 of 1976 which was placed before the learned 1st Court of Munsif at Basirhat and the learned Trial Court after a contested hearing by judgement and decree dated 29.11.1978 decreed the said suit in preliminary form and directed the defendant to execute the Kobala concerned.

(3.) Challenging such decree the defendant filed Title Appeal No. 88 of 1979 which was placed before the learned 14th Additional District Judge, 24-Parganas and the learned Lower Appellate Court by judgement and decree dated 11.6.1980 allowed the said Title Appeal and dismissed the Title Suit concerned. Challenging the impugned judgement and decree passed by the learned Lower Appellate Court, the plaintiff filed the instant appeal but on the death of the plaintiff the present plaintiffs-appellants have been substituted in place and stead of the original plaintiff-appellant.