DURGA MONDAL Vs. PRITIKANA SAHA ROY

JUDGEMENT

(1.) Challenge in this appeal is to the judgement and decree passed by learned Additional District Judge, 1st Court, Howrah in Title Appeal No. 33 of 2017. By the impugned judgement learned First Appellate Court was pleased to set aside the judgement passed by learned Trial Court in Title Suit No. 56 of 2013 and invoking the provision of Order 41 Rule 23A of the Code of Civil Procedure was further pleased to remand the suit formulating the following issues :

(2.) For the sake of convenience, the parties to this proceeding would be referred to as they have been arrayed in the suit.

(3.) Briefly stated, the plaintiff being the owner of the suit property described in schedule 'A' of the plaint, decided to develop the same by constructing a four storied building and to transfer the flats to the intending purchasers. The defendant no. 1expresed her willingness to purchase one of such flat measuring about 1600 square feet on the 2nd floor of the said four storied building at a consideration of Rs.16,00,000.00 and the defendant no. 1 and 2 being wife and husband paid a sum of Rs.8,80,000.00 as part of consideration money on different dates but ultimately they failed to act in terms of the agreement. They did not pay the rest of the consideration money as per schedule and made an attempt to take forceful possession in respect of 'B' schedule property. The defendants even made an attempt to get the construction dismantled by making false complaint with Zila Parisad, Howrah alleging unlawful or illegal construction allegedly undertaken by the plaintiffs.