JATINDRA NATH BANERJEE Vs. ANNA BALA KAYAL

JUDGEMENT

(1.) THIS is an appeal by the plaintiff against the judgment and decree of the learned Subordinate Judge, 3rd Court, Alipore dismissing the plaintiff's appeal and affirming the decision of the learned Munsif, 6th Court, Alipore in Title Suit no. 63 of 1966.

(2.) THE plaintiff instituted the. suit for specific performance of contract. The plaintiff's case is that the unit property belonged to Rabiram Naskar. By a registered Kobala dated March 12 , 1963 Rabiram sold the same to the defendant no. 1 Annabala Koyal and her minor son defendant no. 2 Pulin Chandra Koyal for a consideration of Rs. 200/ -. On the date of the sale, the defendant No. 1 for self and on behalf of her minor son executed an unregistered agreement to re-convey the property to Rabiram on receipt of the consideration money of Rs. 200/- within three years. The plaintiff purchased the interest of Rabiram under the said agreement for a valuable consideration. The plaintiff was always ready and willing to perform his part of the contract and offered the requisite consideration money to the defendants but as the latter refused to re convey the property the plaintiff has been obliged to institute the suit for specific performance of contract.

(3.) THE defendant no. 1 alone contested the suit and her contention is that the agreement for reconveyance was a fabricated document and it was manufactured as a result of collusion between the plaintiff and Rabiram. The plaintiff thus did not acquire any right. It has been further contended that the defendant no. 2 is a minor and the suit is not maintainable.