SUSHANTA KUMAR BISWAL Vs. JATINDRANATH ROY

JUDGEMENT

(1.) THE judgment and decree dtd. 3rd March, 2000 passed by Addl. District Judge, Jagatsinghpur in T.A. Case No. 32/1997 reversing the judgment and decree of the Civil Judge (Sr. Division), Jagatsinghpur in T.S. No.29 of 1990 is assailed in this Second Appeal.

(2.) ADMITTEDLY , the appellant had filed T.S. No.29/1990 in the Court of Civil Judge (Sr. Division), Jagatsinghpur. The said suit was one for specific performance of contract and direction to the defendant to execute and register a deed of sale in respect of the suit lands by accepting Rs.500/ - from the plaintiff.

(3.) THE defendant filed his written statement assailing the maintainability of the suit and further while refusing all averments made in the plaint, specifically averred that the agreement was never executed by the defendant and the same was a created one. The further case of the defendant was that the house site as well as the house standing thereon was let out to the defendant by the plaintiff as a monthly tenant who is occupied the same as such.