PARESH CHANDRA DAS Vs. RAMANI MOHAN CHAKRAVORTY

JUDGEMENT

(1.) This is plaintiffs appeal against the judgment and decree dated 15.6.81 passed by the learned Assistant District Judge, Karimganj whereby the plaintiff's appeal against the judgment and decree dated 2.2.77 passed by the learned Munsiff No. II Karimganj was dismissed.

(2.) The plaintiff appellant had filed the suit for declaration that the land in suit belongs to the plaintiff and the defendant was licensee in its occupation and recovery of its khas possession on the allegation that the plaintiff had allowed the defendant to occupy the land in suit and to make houses. The defendant continued to stay. On 16.6.1973 thee was an agreement for sale of said land between the parties. The plaintiff had received Rs. 1500.00 as advance. The sale consideration money was Rs. 4000.00. The balance of Rs. 2500.00 was to be paid and the sale deed was to be executed within 3 (three) months. The defendant had not paid the balance. The advance was forfeited. The plaintiff made a concession by giving time for payment to the defendant by a notice dated 16.7.74, but even then the defendant did not pay. Hence, the suit was filed.

(3.) The defendant respondent resisted the suit and pleaded that in pursuance to the agreement for sale after payment of Rs. 1500.00 the entire amount had been paid by the defendant to the plaintiff, but the latter had not executed the sale deed. The defendant was entitled to retain possession and protection under provisions of Sec. 53A of the Transfer of Property Act, hereinafter referred as the 'Act'.