RAMAN SRIVASTAV Vs. WAHIDER RAHAMAN

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and decree passed by learned Additional District Judge, 5th Court, Barasat, North 24 Parganas in Title Appeal No. 36 of 2008 affirming thereby the judgement and decree passed by learned 1st Court, Civil Judge (Senior Division) Barasat in Title Suit No. 94 of 2001.

(2.) Briefly stated, respondent no. 1, Sk. Wahider Rahaman filed a suit for specific performance of contract with consequential relief against respondent no. 2 and 3 Sri Manoj Kumar Shaw and Sri Kailash Nath Shaw. In the said proceeding nine persons were added as defendant nos. 3 to 11 at the behest of the plaintiff.

(3.) It is contended that suit property was joint property of the original defendants. They agreed to sell the suit property in favour of the plaintiffs at a consideration of Rs.75,000.00. The agreement for sale was executed on 15/2/1993 and it was duly registered.