MD. IQBAL Vs. ABDUL RASHID

JUDGEMENT

(1.) This first appeal is at the instance of a defendant in a suit for specific performance of contract and is directed I against the judgment and decree dated April 26, 1983 passed by the learned Subordinate Judge, 9th Court, Alipore in Title Suit No. 87 of 1981 thereby passing a decree for specific performance of contract.

(2.) The respondent herein filed a suit being Title Suit No. 87 of 1981 thereby praying for specific performance of an agreement for sale dated Aug. 2, 1976 by which the appellant agreed to sell his half share in the suit property at a consideration of Rs. 27,000.00. In the agreement it was specifically recorded that the entire amount of Rs. 27,000.00 had already been paid to the appellant.

(3.) The said suit was contested by the appellant by filing written statement thereby denying the material allegations made in the plaint and the defence taken by the appellant was inter alia that the suit was barred by limitation and the same was not maintainable.