DIPAK KUMAR KAR Vs. BISHWAJIT DAS AND ORS.

JUDGEMENT

(1.) This second appeal has been filed against the judgment and decree dated 31-07-2014 passed by the learned Addl. District Judge, Cachar, Silchar in Title Appeal No. 13/2013 reversing the judgment and decree dated 09-09-2013 passed by the learned Civil Judge No. 1, Cachar, Silchar in Title Suit No. 63/2005.

(2.) The brief fact of the plaintiff's case is that the defendants being the owner in possession of the land described in the schedule to the plaint had proposed to sell the same to the plaintiff for valuable consideration. Accordingly, the plaintiff had entered into an oral agreement for sale dated 07-08-2011 with defendant No. 1 and 2 for purchasing the said plot of land. It was agreed by and between the parties that the sale of the plot of land in question would be completed for a total sale consideration of Rs. 4,00,000/- and therefore, in pursuance to the said oral agreement, the defendant No. 1 and 2 had also received a sum of Rs. 5000/- as advance amount paid by the plaintiff. The said amount was received by the defendant No. 1 and 2 on their behalf as well as on behalf of other brothers and sisters and their mother.

(3.) It is the case of the plaintiff that although the defendants have promised to sale the land described in the schedule to the plaint within a period of nine month i.e. within 31-05-2012, from receipt of the balance consideration amount of Rs. 3,95,000/- from the plaintiff, yet the defendant No. 1 and 2 refused to execute the registered deed of sale in favour of the plaintiff, when he had approached the said defendants with a request to execute the sale deed by tendering the balance consideration amount of Rs. 3,95,000/-. On the first week of April, 2012, the plaintiff had come to know from a reliable source that the defendants were going to sale the suit land to some other person and said information having been ascertained and found to be true, the plaintiff was compelled to institute the instant title suit, inter alia, seeking a decree for specific performance of the oral agreement for sale dated 07-08-2011.