SANKAR CHANDRA SAHA Vs. BADAL KRISHNA PAL

JUDGEMENT

(1.) The first appeal is directed against the judgement and decree dated 30th March, 2016 passed by the learned Civil Judge, Senior Division, 1st Court Barasat in Title Suit No. 144 of 2004 at the instance of defendant no.1/appellant. By the said decree, the suit was decreed on contest against the defendant no.1. and ex parte decree against the defendant nos. 2 to 5 without costs. It was declared that the plaintiff was entitled to have the alleged contract specifically enforced against the defendants subject to condition that the defendants redeem the mortgage, if any and obtain a valid discharge within ninety days from the date of the decree after which the plaintiff shall be depositing the balance consideration money of twenty nine lakhs (Rs. 29,00,000.00) to the credit of the defendant within next sixty days from the date of such redemption of mortgage and obtaining valid discharge. The defendants were directed to execute and register a sale deed in plaintiff's favour at the expenses of the plaintiff within three months from the date of the deposit of the above amount by the plaintiff, with a rider that in default of such deposit by the plaintiff within the time fixed for him, the suit shall be dismissed without costs against the defendants.

(2.) If the defendants fail to execute or register the document within the time fixed for him, the plaintiff shall be at liberty to execute and register the same through the Court. It was further declared that the plaintiff is also entitled to possession of the suit property through Court, if prayed for. It was further directed that the defendant is also entitled to withdraw the deposited amount after execution and registration of the deed. The defendants were restrained by an order of injunction to create any third party interest in respect of the suit property.

(3.) The legality of the said judgment and/or decree passed in the said suit for specific performance of Contract filed by the plaintiff, is challenged by the defendant in this First Appeal.