NEPAL CHANDRA DAS Vs. ASTALAL DAS

JUDGEMENT

(1.) This appeal has been filed by the plaintiff whose suit for specific performance of a contract for sale was decreed by the Assistant District Judge and, on appeal by the defendants, dismissed by the first appellate Court, the Additional District Judge, Cachar, Silchar.

(2.) The case of the plaintiff was that on 2.8.71 the defendant No. 1 Manindra Chandra Das entered into an agreement with him by executing a Bainapatra or Bainama (agreement for sale) to sell a plot of land with houses standing thereon for a sum of Rs. 8,000.00. He received Rs. 1825.00 as earnest money and delivered possession of the land and houses to the plaintiff on that very day. Under the terms of the agreement, the plaintiff was to pay the balance amount of Rs. 6,175.00 on or before 11.8.71 and the defendant No. 1 was to execute a registered sale deed in his favour. Accordingly, with previous information to the defendant, the plaintiff went to Hailakandi on 11.8.71 with a sum of Rs. 6,175.00 and stamp papers worth Rs. 200.00. He waited there for the defendant No. 1 from 10 AM to 3 PM., but the defendant did not turn up to receive the balance amount and execute the sale deed in terms of the agreement to sell. The plaintiff apprehending that the defendant had wilfully abstained from coming to the Sub-registry, got one "Swarnalipi" executed in token of his presence in the Hailakandi Sub-registry with the balance money and the stamp on 11.8.71.

(3.) The defendant No. 1, on the other hand, contracted to sell the very same property to defendant No. 2, Astalal Das for Rs. 9,000.00 and on the next day i.e. on 12.8.71, executed and registered a sale deed in his favour. The case of the plaintiff is that the defendant No. 2 had purchased the property having full knowledge of the prior contract of sale and notice of plaintiff's possession. Under the circumstances, on 12.8.71 the plaintiff filed a suit against the defendant No. 1 in the court of the Assistant District Judge No. 1, Silchar for specific performance of the contract for sale.