DIBYENDU BERA Vs. MAHADEB PAN

JUDGEMENT

(1.) This appeal has been filed against judgement and decree dated October 5, 2010 passed by the Learned Civil Judge, Senior Division at Ghatal, District Medinipur (West) in Title Suit no. 39 of 2003.

(2.) The factual matrix of the case discloses that a title suit being T.S no. 39 of 2003 was filed by the plaintiffs/appellants for specific performance of a contract for sale against the defendant/respondent on the basis of an oral agreement dtd. 12/8/1409 B.S. The plaintiffs as well as the defendants having their property adjacent to each other that the plaintiffs being the owner of "ka " schedule property where in possession .In the month of Kartick 1409 B.S the defendants No 1& 2 declared to sale the "ka " schedule property and since said "Ka " schedule property was adjacent property to the paternal property of the plaintiffs who wanted to purchase the suit property and accordingly sent their father Madhab Chandra Bera to defendant no 1 and 2 , the father and two brothers of the defendant no. 1 on 2nd kartick 1409 B.S.

(3.) It is the further case of the plaintiff that defendants agreed to sale out the "ka " schedule property to the plaintiff and on the same day in presence of other gentleman the consideration price of "ka " schedule property at Rs.10,91,000.00. On the said date an oral agreement was entered into between the father of the plaintiff and Jashabant Pan the father of defendant no. 1 and defendant no. 3 and 4, the brothers of defendant no. 1 in presence of some other gentleman and that oral agreement was confirmed. It was decided thereby that the defendant no. 1 and 2 would transfer 'ka " schedule property in favour of the plaintiffs by executing two separate register deed and the valuation was fixed as Rs.10,91,000.00-. In order to avoid income tax hazard it was further decided that in each deed such valuation of half of "ka " schedule property would be Rs.3.00 Lakhs and the plaintiffs would pay Rs.7,41,000.00 out of Rs.10,91,000.00- before the registration of the deed to the defendant no. 3 and 4 on behalf of defendant/respondent no. 1 and 2 upon issuing receipts and further balance amount Rs.3,50,000.00 would be given to respondent/defendant no. 1 and 2 at the time of registration of such sale deed. The defendant no. 1, 3 and 4 and their father Jashabant Pan are members of joint family and Jashabant Pan is the Karta of such joint family and accordingly the aforesaid agreement was made.