MANGALA GHOSH Vs. RABINDRA NATH

JUDGEMENT

(1.) The petitioner in this Rule, instituted Title Suit No. 191 of 1979 in the 3rd Court of Munsif at Diamond Harbour, 24 Parganas against the opposite party inter alia, for specific performance of contract.

(2.) The case of the petitioner as made out in the plaint inter alia, was that due to her financial stringency she was compelled to take loan from the opposite party. In order to secure the said loan she had to execute a Sale Deed in favour of the opposite party in respect of the suit property, there, however, was an agreement of reconveyance on repayment of the entire loan amount and both the said documents were executed and registered on the same day; that the petitioner was all along willing to perform her part of the contract but the opposite party declined to perform his part of the contract and as such the said suit was filed. The defendant/opposite party filed a written statement denying and disputing the case of the petitioner.

(3.) That on the date fixed for peremptory hearing of the said suit i.e. on 24-8-1982 a compromise between the parties was effected and a compromise petition was also filed in Court on that date signed by both the parties. It was stipulated inter alia in the said compromise petition that the plaintiff-petitioner was to pay Rs. 4,000/- to the defendant-opposite party within 4 weeks from the said date and on such payment the suit would be decreed but in default the suit would stand dismissed.