RATAN MALA MONDAL Vs. GOPAL LAL DAGA

JUDGEMENT

(1.) This appeal arises out of a petition for execution of a decree obtained by some of the plaintiffs in a suit for specific performance. The facts leading to the present appeal may be stated as follows:

(2.) By an agreement for sale dated 19-12-1936, the defendants, who for convenience may be referred to as the Mandals, as vendors agreed to sell and convey to Sachindra Nath Goswami as purchaser of the land and premises referred to in the said agreement. On 5-6-1939, a suit for specific performance of the said agreement was instituted in the Court of 3rd Subordinate Judge of 24th Parganas against the said Mandate. The plaintiffs in the said suit are 5 Dagas and the said Sachindra Nath Goswami. It is pleaded in the plaint that Goswami entered into the said agreement with the Mandals for and on behalf of the Dagas as their agent and benamidar so that the real beneficiaries under the agreement are the Dagas and not Goswami. Needless to say that plaint bears the signature of all the Dagas and Goswami. The suit was contested taut ultimately a decree was passed on 29-1-1945 in favour of the plaintiffs. One of the Mandals being defendant No. 1 settled the suit with the plaintiffs and a compromise petition was put in. The operative part of the decree in so far as it is material runs as follows:

(3.) The decree was put to execution by the Dagas by filing the tabular statement on 18-7-1945. In column 2 of the tabular statement, where the names of the plaintiffs are to appear, the Dagas described Sachindra Nath Goswami as the ''pro forma judgment-debtor" and in column 11 of the tabular statement it was prayed "that the judgment-debtor Nos. 2 and 3 be directed to execute and register the sale deed as per draft filed herewith." In the draft filed the purchasers named are the Dagas and not Sachindra Nath Goswami.