BISWANATH CHARIT Vs. DAMODAR PATRA

JUDGEMENT

(1.) This is an appeal under Clause 15 of the Letters Patent directed against a judgment and decree dated July, 13, 1971, passed by a learned single judge of this Court in an appeal from appellate decree No. 38 of 1964. Defendant No. 8 is the appellant before us who lost throughout.

(2.) This appeal arises out of a suit for specific performance of a contract and injunction. The plaintiff/respondent instituted the suit on the allegation that defendant No. 1, the mother and as such natural guardian of minor defendant Nos. 2 to 7 entered into an agreement with the plaintiff for self and on behalf of the minors to sell the suit property for a consideration of Rs. 1,275/- by accepting an advance of Rs. 500/- to meet certain antecedent debts during the last illness of her deceased husband, the father of defendant Nos. 2 to 7 and executed and registered a Bainapatra on Dec. 12, 1960; it was stipulated in the agreement that defendant No. 1 having herself appointed the certificated guardian of the minors would execute the deed of sale within six months; that simultaneously the plaintiff was put into possession of the suit land on settlement under a Kabuliat dated 1st Pous 1367 B. S.; but it subsequently appeared that defendant Nos. 1 to 7 suffered a collusive compromise decree in Title Suit No. 578 of 1960 purporting to surrender possession of the suit land in favour of defendant No. 8 for defeating the plaintiff's right; that the defendants Nos. 1 to 7 thus not only refused to execute the sale deed but defendant No. 8 threatened to disturb plaintiff's possession of the suit land. Hence the plaintiff sued for specific performance of the contract for sale and for injunction restraining the defendant No. 8 from interfering with his possession of the suit property.

(3.) The defendant Nos. 1 to 7 filed a written statement denying the agreement but did not appear further to. contest.