HIRALAL AGARWALA Vs. BHAGIRATHI GORE

JUDGEMENT

(1.) This appeal is at the instance of the plaintiff who has challenged the judgment and decree passed by Sri P. Chatterjee, Addl. District Judge, 5th Court at Alipore in Title Appeal No. 1411 of 1967 reversing the decision of Shri L. K. Pal, Subordinate Judge. 9th Court at Alipore in Title Suit No. 78 of 1965.

(2.) The plaintiff brought the suit in the Subordinate Judge's Court on the allegation that he purchased the suit property from defendant No. 1 by a registered kobala dated 18-11-55; on the some day defendant No. 1 executed a registered kabuliyat in favour of him and the defendant No. 1 became a tenant under the plaintiff at a monthly rental of Rs. 40-8-0 in respect of the suit premises.

(3.) The plaintiff filed Title Suit No. 357 of 1956 in the 2nd Court of Munsif at Baraset for ejectment of defendant No 1 from the suit premises and for mesne profits. Defendant No. 1 contested the said suit and for the first time disclosed that he executed a registered deed of agreement on February 24, 1953 in favour of defendant No. 2 wherein it was stated that defendant No. 2 agreed to purchase the suit property at a sum of Rs. 4001 out of which the earnest money already paid was Rs. 3001. On coming to know about the said fact the plaintiff impleaded defendant No. 2 as a party in that suit. The said defendant No. 2 asserted that on the strength of the deed of agreement dated 24-2-53 he filed Title Suit No. 13 of 1956 in the 9th Court of Subordinate Judge at Alipore for specific performance of contract against defendant No. 1. That suit was decreed on 10th April, 1956. Defendant No. 2 got possession in the suit premises on 16th December, 1956 in Title Execution Case No 8 of 1956.