(1.) Legality and propriety of the judgment and decree dtd. 17/5/2018 passed by the learned Civil Judge, Senior Division, Malda in O.C. 205 of 2008, whereby the suit for specific performance of contract filed by the plaintiff/respondent herein was decreed, has been called in question in this instant appeal.
(2.) Facts projected in the plaint, in brief, are as follows :
(3.) Records postulate that both the defendants contested the suit by filing written statement wherein both of them admitted that defendant no.1 entered into an agreement for sale with the plaintiff to sale out the suit property at a highest market value of Rs.23,40,001.00 and as an advance, defendant no.1 accepted Rs.1,51,001.00 but plaintiff never paid Rs.7,60,000.00 by cheque and Rs.40,000.00 in cash to defendant no.2. It was specifically pleaded therein that since one good relationship was developed in between the plaintiff and the defendants, the plaintiff by issuing that cheque of Rs.7,60,000.00 asked defendant no.2 to withdraw the money from the bank since there was huge crowd in the queue and accordingly, defendant no.2 withdrew the money and handed over to the plaintiff and that the plaintiff had never given liquid cash of Rs.40,000.00 to defendant no.2. It was claimed by the defendants that plaintiff never came to defendant no.1 to get the deed of sale executed and registered by her within 30/5/2008 and lastly, prayer was made for dismissal of the suit.