SRI RANABIR BHUNIA Vs. SRI SUNIL KUMAR MONDAL

JUDGEMENT

(1.) This appeal is at the instance of the defendant in a suit for specific performance of contract for sale of immovable property and is directed against Judgment and Decree dated 7th July, 1994 passed by the Assistant District Judge, Second Court. Contai in O.S. No.51 of 1994.

(2.) The respondent herein, filed the aforesaid suit for specific performance of agreement for sale of land with structure and the case made out by the plaintiff may be epitomised thus:-

(3.) Subsequently, by way of amendment the plaintiff introduced a new case that one Sri Srimanta Das was a tenant in the suit property for a long time and at the time of execution of agreement the plaintiff told the defendant that the tenant would be evicted and on 6th March, 1994 it was further agreed that after receiving Rs. 35,000.00 on that day, the balance Rs. 50,000.00 should be paid at the time of execution by making that payment to the tenant. It was further alleged that the defendant did not evict the tenant and the plaintiff was agreeable to purchase the property but the balance amount of Rs. 50,000.00 should be adjusted if the tenant was not evicted.