GOURI CHAKRABORTY Vs. JYOTSNA MAZUMDAR

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dtd. 30/3/2019 passed by the learned Civil Judge, Senior Division, 3rd Court, Howrah in Title Suit No. 159 of 2009 whereby the learned Court below decreed the suit being a suit for specific performance of contract.

(2.) Facts projected in the plaint, in brief, are that the defendant no.1/ appellant herein, namely, Smt. Gouri Chakraborty (hereinafter referred to as Gouri) happened to be the owner and occupier of the suit property. She acquired the property by way of gift from the Government of West Bengal on 1/7/1994 under the Refugee Rehabilitation Scheme and on 23/2/2008 she entered into an agreement for sale with the plaintiff/respondent no.1, namely, Smt. Jyotsna Mazumdar (hereinafter referred to as Jyotsna) to sell out the property at a consideration money of Rs.12.00 lakhs and at the time of execution of such agreement for sale, Jyotsna paid Rs.3.00 lakhs.

(3.) In the plaint, it was further pleaded that in the agreement, it was stipulated that Gouri would hand over photo copies of the documents relating to title of the suit property to Jyotsna within a week from the date of execution of the agreement but Gouri did not supply any document to Jyotsna and as such she could not verify the title of Gouri in respect of the suit property.