BADAL CHANDRA KUNDU Vs. NETAI MAHATO

JUDGEMENT

(1.) The present revisional application under Article 227 of the Consitution of India is at the instance of the defendants in a suit for specific performance of agreement and is directed against the judgment and order dated September 16, 2017 passed by the 3rd Court of learned Additional District Judge, Purulia, in Miscellaneous Appeal No. 50 of 2016.

(2.) The opposite parties filed a suit being Title Suit No. 88 of 2016 in the Court of learned Civil Judge(Junior Division), at Purulia for the following reliefs:-

(3.) The plaint case of the said suit in brief is that the predecessor-in-interest of the plaintiffs namely Mithila Mahatani @ Mithila Mahato was the absolute owner of the suit property. She proposed to transfer the suit property to the defendant no. 1 on condition that the defendant no. 1 would retransfer the same to her and the defendant no. 1 accepted the said proposal. The said Mithila Mahatani @ Mithila Mahato then by a registered deed of sale dated March 26, 1981 transferred the suit property to the defendant no. 1 on a consideration price of Rs. 1999/-. The defendant no. 1 by a registered agreement executed on the same date i.e. on March 26, 1981 agreed to retransfer the suit property to said Mithila Mahatani @ Mithila Mahato within seven years from the said date of execution of the said agreement on a consideration price of Rs. 1999/-.