LOKANATH OTA Vs. BRUNDABAN CHANDRA OTA AND ORS.

JUDGEMENT

(1.) THIS appeal arises out of a suit filed by the Plaintiff for specific performance of an agreement by the Defendants to the suit land to the Plaintiff in circumstances hereinafter stated.

(2.) THE vendor -Defendants belong to a Hindu family said to have been long separated. Defendants 2, 3, Basudeb and Janardan were four brothers. Defendant No. 1 is the son of Basudeb who is now dead. Defendants 4 to 6 are sons of Janardan who is also dead. The respective shares in the suit land which was agreed to be sold under an agreement dated September 14, 1958 are these; Defendant No. 1 had 4 annas and 9 pies, Defendant Nos. 2 and 3 annas and 9 pies, Defendant No. 3 had 3 annas and 9 pies. Defendants 4 to 6 together had 3 annas and 9 pies. The suit was filed on November 1, 1958. Defendant No. 2 denied his having participated in the contract. Defendants 1 and 3 supported the Plaintiff's case. Defendants 2 and 4 to 6 contested the Plaintiff's claim. Defendants 4 to 6 subsequently compromised with the Plaintiff during the pendency of the suit before the trial court and executed a sale deed (ext. 4) in favour of the Plaintiff in respect of their respective shares.

(3.) THE reasoning on which the learned lower appellate Court dismissed the Plaintiff's suit, as quoted from his judgment is this: