GAYARAM SINGHA Vs. SANDHYA MAITY

JUDGEMENT

(1.) Challenge in this revision application is the order no. 99 dtd. 3/9/2019 in connection with Title Suit No. 235 of 2007 passed by Ld. Civil Judge, Junior Division, Kakdwip, South 24 Parganas wherein Ld. Judge allowed one application dtd. 18/11/2008 for opinion of hand writing expert regarding disputed signature on the receipt showing payment of Rs.25,000.00 alleged to have been executed by the defendant in a purported agreement for sale of 46 1/2 decimal of land in respect of plot nos. 2757, 6050, 2698, 2695, 2797, 2748 and 2758 under Khatian nos. 570, 305, 667 under Mouja Shivnagar Abad in favour of the petitioner.

(2.) The whole course of action leading to the initiation of the entire proceeding can be briefly summarized to the effect that the plaintiff allegedly made an agreement with the defendant/opposite party no. 1. It has been further alleged that the petitioner at the time of need of the defendant/opposite party no. 1 herein gave an amount of Rs.25,000.00 by way of two installments, one being an amount of Rs.12,000.00 and another being an amount of Rs.13, 000.00. In exchange the defendants/opposite party no. 1 was to execute a sale deed in favour of the petitioner in respect of the plots already mentioned.

(3.) Petitioner further stated that the defendant/opposite party no. 1 as per agreement was supposed to execute that sale deed in favour of the petitioner on a certain date i.e. 30thday of Jaistha, 1414 B. S. but subsequently the defendant/opposite party no. 1 failed to keep her promise and did not execute the sale deed in accordance with the terms of the agreement. Therefore, the petitioner filed a title suit against the defendant/opposite party no. 1.