BISWANATH SINGHA Vs. SUDEVI GUPTA

JUDGEMENT

(1.) The instant application under Article 227 of the Constitution of India is directed against the judgment and decree dtd. 9/9/2014 passed by the learned Civil Judge (Senior Division) Jhargram, Paschim Mednipur in Title Suit No.47 of 2011.

(2.) The petitioner filed a suit under Sec. 6 of the Specific Relief Act for recovery of possession of a flat. The case made out by the petitioner in the plaint of the said suit in a nutshell runs thus.

(3.) Admittedly the suit flat belongs to the defendant No. 1 (Sudevi Gupta). There was a talk of sale in between the plaintiff and defendant No. 1 (since deceased) and she was agreed to sell the said flat to the petitioner at a consideration price of Rs.5,15,000.00. After negotiation, the opposite parties/defendants had given liberty to the plaintiff/petitioner to use the scheduled flat on receipt of Rs.1,15,000.00 on the very first date of talk of sale. An agreement for sale was executed in between them on 8/3/2009 and this petitioner further gave Rs.2,00,000.00 to the defendant No. 1 out of the total consideration money of Rs.5,15,000.00. As per the said agreement the defendant No. 1 was obligated to supply the original deed of purchase to the petitioner/plaintiff by 24/3/2009 with a further stipulation that if it is delayed then the plaintiff/petitioner would be obligated to get the sale deed registered from the defendant No. 1 within one month of supply of the original deed of purchase.