SHANKAR CHANDRA PAUL Vs. MAKHAN BALA DAS

JUDGEMENT

(1.) Being aggrieved by the judgment and decree passed in T.A. No. 47/96 by the learned Civil Judge (Senior Division) No. 2, Cachar at Silchar dismissing the appeal and affirming the judgment and decree passed in Title Suit No. 86/92 by the learned Civil Judge (Junior Division) No. 2, Silchar at Cachar vide order dated 30.7.96, the present appeal has been preferred by the Defendant.

(2.) I have heard Mr. N. Choudhury, learned Counsel for the Defendant Appellant as well as Mr. M. Singh, learned Counsel appearing for the Plaintiff Respondent.

(3.) The pleaded case of the Plaintiff interalia is that he sold the suit land to the Defendant on 15.7.87 by executing a sale deed in consideration of Rs. 10,000/- and handed over the possession of the same. On the same date, however, a separate agreement was executed between the Plaintiff and the Defendant to the effect that the Defendant would transfer the said land in favour of the Plaintiff, if he return back the consideration money of Rs. 10,000/-within five years and Defendant would deliver the possession of the same. In the said agreement it was also stipulated that in terms of the agreement it would be binding upon the heirs of the respective parties. The said agreement was registered as Deed No. 3938 dated 16.7.87 in the office of the Sub-Registrar, Sadar Silchar. In terms of the aforesaid agreement the Plaintiff demanded the Defendant to sale the schedule land within the stipulated time on receipt of the consideration money of Rs. 10,000/- and retransfer the land. But the same having been refused to return a pleader notice was served upon the Defendant but the in spite of the said notice the Defendant did not come to execute the sale deed nor the Defendant paid any heed to the same. Ultimately, the Plaintiff filed a suit for specific performance of the said agreement and to execute the sale deed in terms of the agreement. Upon receipt of the consideration money of Rs. 10,000/- summons have been served to the Defendant.