SHRI ANAR ALI LASKAR Vs. ABDUL HAMID

JUDGEMENT

(1.) This is defendant's appeal against the judgment and decree dated 6.5.1983 passed by the learned Assistant District Judge No. 2, Cachar, Silchar, whereby the plaintiff's appeal against the judgment and decree dated 6.12.1980 passed by the learned trial Court was allowed and the plaintiff's suit for specific performance was decreed.

(2.) Briefly the plaintiff respondent had filed suit for specific performance of an agreement to sell the land in suit on the allegations, that on 2.4.1964 the plaintiff by registered sale deed had sold the suit land to the defendant for Rs. 1450.00 with verbal agreement that the defendant would resell the suit land to the plaintiff and accordingly on 31.7.72. the defendant had executed an Ekrarnama binding himself to resell the suit land, to execute sale deed and to deliver khas possession for consideration of Rs. 1450.00 in favour of the plaintiff. The plaintiff approached the defendant to obtain suit land on payment of consideration money as per the agreement on repeated occasions, but the defendant did not listen, hence the suit was hied.

(3.) The defendant - the present appellant had resisted the suit, and while purchase of suit land from the plaintiff was admitted it was denied that there was any agreement to re-sell the land or that any Ekrarnama had been executed.