LAXMI CHARAN RANA Vs. SITARAM SINGH

JUDGEMENT

(1.) This second appeal is at the instance of defendant No. 2 in a suit for specific performance of contract and is directed against judgment and decree dated July 26, 1995 passed by the learned Assistant District Judge, 2nd Court, Barasat in Title Appeal No. 16 of 1994 thereby affirming those dated July 24, 1993 passed by the learned Munsif, 4th Court, Sealdah in Title Suit No. 253 of 1981.

(2.) The respondent filed the aforesaid suit for specific performance of contract for sale dated June 29, 1978 alleged to have been executed by one Dhani Bala Dasi, since deceased, the defendant No. 1, for a consideration of Rs. 4,000/-. After the execution of the said agreement for sale but before the institution of the suit, the said Dhani Bala Dasi having gifted the suit property to the present appellant, he as made defendant No. 2 in the suit.

(3.) The defendant No. 1 filed written statement and admitted the fact alleged by the plaintiff. The present appellant however filed separate written statement and denied the averments made in the plaint. The specific defence of the appellant was that he by virtue of the deed of gift executed by defendant No. 1 has acquired title and possession over the suit property. The respondent, according to the appellant, had filed the said suit in collusion with the defendant No. 1.