SHAMBHU BAISHYA Vs. NARAYAN TALUKDAR

JUDGEMENT

(1.) The instant second appeal is preferred under Sec. 100 of the Code of Criminal Procedure, 1908 against a judgment and decree dtd. 30/3/2013 passed by the learned District Judge, Nalbari in Title Appeal No. 17/2007 upon dismissing the appeal and upholding the judgment and decree dtd. 6/7/2007 passed by the learned Civil Judge, (Senior Division), Nalbari in Title Suit No. 34/2004. The appellant was the defendant in the suit which was instituted for specific performance of a contract.

(2.) The projected case of the plaintiff was that an agreement was entered into by the plaintiff with the defendant dtd. 29/7/2003 for sale of 1 Katha 10 Lechas of land with two rooms. As per the agreement, the total consideration was Rs.3,40,000.00 ( Rupees Three Lakhs Forty Thousand) only, out of which the plaintiff had paid an amount of Rs.2,20,000.00 (Rupees Two Lakhs Twenty Thousand) only and the possession of the suit premises was already with the plaintiff. It is also stated that the son of the plaintiff was a tenant in the suit premises.

(3.) The appellant/defendant had filed the written statement in which a defence was stated that owing to certain monetary transaction, the plaintiff were in custody of three signed stamp papers. It was however admitted that the appellant/defendant was ready and willing to discharge his part of the agreement provided the three stamp papers were returned to him.