MD MAYAZUL ALI Vs. MUSSTT MAYAJAN BIBI

JUDGEMENT

(1.) RSA 79/2004 and RSA 201/2014 have been listed together and are also heard analogously as requested by the learned counsel for the parties. However, it is considered appropriate to dispose of both the appeals by separate judgments.

(2.) RSA 79/2004 is preferred by the defendants against the judgment and decree dated 19.12.2003 passed by the learned Civil Judge, Senior Division No. 1, Cachar, Silchar, in Title Appeal No. 32/2002, dismissing the appeal and upholding and affirming the judgment and decree dated 19.06.2003 passed by the learned Civil Judge, Junior Division No. 1, Cachar, Silchar, in Title Suit No. 116/1999.

(3.) One Md. Makajul Ali Laskar, as the plaintiff, had filed a suit praying for a decree against the defendants directing them to execute and register a sale deed in respect of the Schedule of land mentioned in an agreement of sale (Binama) dated 21.04.95 and, in the event of failure of the defendants to execute and register the sale deed in question, the sale deed to be registered through the court; for confirmation of possession of the land already delivered to the plaintiff on 21.04.95. The case of the plaintiff, in short, was that he had paid the entire consideration amount of Rs. 6,000/- to the defendants and he was also delivered possession and that an agreement for sale dated 21.04.95 was executed requiring the defendants to execute a registered sale deed once necessary permission was obtained. However, the defendants did not execute the sale deed on various pretexts and, later on, he found that no application had been filed for obtaining No Objection Certificate for effecting the sale and, in the month of August, 1999, when he met the defendants once again in connection with registration of the sale deed, because of the conduct of the defendants, he realised that they would not execute the sale deed.