ABDUL RAZAK Vs. BIPUL DEB

JUDGEMENT

(1.) This second appeal has been preferred by the concurrent judgment and decree dated 06-04-2006 passed by the learned District Judge, Karimganj in Title Appeal No. 02/2005 dismissing the appeal filed by the plaintiff as appellant thereby affirming the judgment and decree of dismissal dated 16-12-2004 passed by the learned Civil Judge (Sr. Div.), Karimganj in Title Suit No. 15/2001.

(2.) The brief fact of the case is that the plaintiff had executed the deed of sale dated 25-07-2000 which was registered on 03-07-2000 whereby the suit land was sold in favour of the defendant for a consideration of Rs. 50,000/-. The ownership and the possession of the land was transferred in favour of the defendant in terms of the aforesaid sale deed. However, the plaintiff had demanded a right of repurchase of the land and hence, the defendant had executed an ekrarnama on 25-07-2000 itself thereby, agreeing to return the land on receipt of amount of Rs. 50,000/- within 30 Chaitra, 1470 B.S. It is the case of the plaintiff that although he had requested the defendant to receive the amount and execute the sale deed thereby re-conveying the suit land, yet, the defendant refused to do so as a result of which the plaintiff was compelled to institute the Title Suit No. 15/2001 in the court of Civil Judge (Sr. Div.), Karimganj praying for a decree declaring his right, title and interest over the suit land; for execution of a registered deed of sale of re-conveyance of the suit land and for other consequential reliefs.

(3.) The defendant contested the suit by filing the written statement whereby he had admitted execution of the ekrarnama but maintained that the plaintiff had never offered the amount within the stipulated time and as such there is no obligation on his part to sell the suit land.