PRABIN CHANDRA GOSWAMI Vs. CHARU SAIKIA

JUDGEMENT

(1.) Heard Mr. D.C. Mahanta, learned Sr. counsel assisted by Mr. S.M. Rahman, learned counsel for the appellant and Mr. P.G. Baruah, learned Sr. counsel assisted by Ms. A. Senapati, learned counsel for the respondents.

(2.) This second appeal has been directed against the judgment and decree dated 25.8.96 and 26.8.96 respectively passed by the learned Asstt. District Judge, Jorhat in Title Appeal No. 9/93 reversing the judgment and decree dated 30.6.93 and 16.7.93 respectively rendered by the learned Munsiff No. 2, Jorhat in T.S. No. 84/86.

(3.) The brief facts essential to determine the substantial question of law framed by this court herein mentioned below, are that the plaintiff/appellant instituted the instant title suit against the defendants/respondents for a decree of specific performance of contract being a sale agreement executed on 16.1.86 exhibited as Exbt.2, by the defendants/respondents in favour of the plaintiff/appellant. It was pleaded by the appellant that in Exbt.2, the respondents assured to recovery the land in question in favour of him on consideration of an amount of Rs. 3,0007- being the same money of previous sale of land in question by the appellant to the respondents in the year 1978 i.e. 20.10.78 by a registered sale deed. It was also alleged that after such sale agreement i.e., 16.1.86, the respondents by executing a sale deed on 17.2.86 sold the land in question to the defendant No. 2/Respondent No. 2 for which further prayer was made for cancellation of the said sale deed.