BIMAL CHANDRA MONDAL Vs. DURGADAS MONDAL & ANR

JUDGEMENT

(1.) An interesting and equally important point of law is raised by the appellant which at the first blush appears to have legal substance but after going deep into the matter we decided to embark our journey to such legal terrain in order to find out whether it assumes substantial question of law for the limited purpose of admitting the instant appeal.

(2.) The facts narrated by both the courts below so unfurled are more or less undisputed.

(3.) A suit for specific performance of an agreement for sale of an immovable property was instituted by the respondent against the defendant / appellant alleging that despite the respondent being ready and willing to perform his obligation under the said agreement, the defendant refused to act upon it. By virtue of the said agreement dated 01/09/1987 the defendant / appellant allegedly agreed to sale the suit property at a consideration of Rs. 10,000/- and in part performance thereof a sum of Rs. 5,000/- was paid by the appellant. The defendant / appellant took the defence that he approached the respondent to lend and advance a sum of Rs. 10,000/- by way of accommodation loan which they readily agreed and in order to secure such loan, signature of the defendant / appellant was obtained on some blank papers.