DEBABRATA TARAFDER Vs. BIRAJ MOHAN BARDHAN

JUDGEMENT

(1.) This is an appeal at the instance of the judgment-debtor directed against an order dated July 9, 1982, passed by the learned Subordinate Judge, 3rd Court, Alipore, dismissing an objection under Section 47 of the C. P. C. read with Order 21, Rule 34 of the said Code. Since no appeal lies against an order dismissing an objection under Section 47 of the Code, the appellant had earlier filed an application in revision on notice to the decree-holder, being C. O. 2242 of 1982 which is being heard along with the appeal. Since the decree-holder had already entered appearance we admit the appeal, dispense with service of the notice of appeal and we proceed to dispose of both the appeal and the revisional application by this judgment of ours.

(2.) On April 28, 1977 (?), the present appellant entered into an agreement with the pre-sent respondent to sell the suit property which is a demarcated part of premises No. 2, Andul Raj Road, Calcutta, and which had been allotted to the share of the appellant's father under a partition decree passed on an award in Title Suit No. 16 of 1944. The respondent instituted Title Suit No. 86 of 1976 for specific performance of that agreement and for delivery of possession of the suit property. That suit was decreed on Jan. 29, 1980, by the learned Subordinate Judge, 3rd Court, Alipore, on the following terms :

(3.) The appellant having failed to execute the conveyance and perform the contract amicably, the respondent put that decree into execution under Order 21, Rule 34 of the Code. A draft conveyance having been submitted before the executing Court the respondent prayed for execution of the document as per draft conveyance by the defendant, failing compliance, execution and registration by the Court on behalf of the judgment-debtor and thereafter delivery of possession through process of Court and also for realisation of the decretal dues and costs.