ALTAFUR RAHMAN AND ORS. Vs. KAMAKHYA TALUKDAR

JUDGEMENT

(1.) This First Appeal is directed against the judgment and decree dated 23.11.2010 passed by the learned Civil Judge No.1 Kamrup at Guwahati in Title Suit No.289 of 2005, thereby decreeing the suit for specific performance of contract. The Defendants have preferred this First Appeal against the learned trial court judgment and decree.

(2.) The sole respondent herein as plaintiff instituted Title Suit No.289 of 2005 in the Court of learned Civil Judge No.1, Kamrup, at Guwahati against four defendants, namely, Md. Altafur Rahman, Md. Ziaur Rahman, Musstt Afruja Rahman & Md. Laikur Rahman, stating that these four defendants entered into a registered written agreement with the plaintiff on 18.01.2005. The Registered document No.488 of 2005 is this agreement. By this agreement the defendants agreed to sell 17 Bighas 4 Kathas 19 Lechas of land described in Schedule-A of the plaint to the plaintiff at a consideration of Rs.11,50,000/- in all and received a sum of Rs.2,00,000/- as advance. The defendants thereafter was put in possession of the land and was also given the responsibility to sue and evict the occupiers from a part of the land by filing Title Suit on behalf of the original owners. The plaintiff accordingly filed Title Suit No. 216 of 2005 for eviction of one Suren Boro and Dipen Rabha. After that the plaintiff approached the defendants on a number of dates to pay the rest of the sum i.e. Rs.9,50,000/- and to execute the sale deed, yet the defendants did not execute the sale deed and went on delaying. It is under such circumstances, the plaintiff served through lawyer notices on the defendants on 08.08.2005 and 11.08.2005 by registered post but even thereafter, the defendants did not execute the sale deed and so being compelled, the plaintiff instituted the suit with a prayer for passing a decree of specific performance of registered agreement dated 18.01.2005. For the purpose the plaintiff prays for getting a valid registered sale deed with respect to 17 Bighas 4 Kathas 19 Lechas of land and for possession thereof and in the alternative it was prayed that if the defendants failed to execute the document, the same should be done through Court in accordance with law.

(3.) On being summoned the defendants appeared and submitted written statement. In the written statement the defendants did not deny execution of the agreement. Rather in Paragraph-12 of the written statement it was claimed by the defendants that the defendants had wanted more than Rs.11,50,000/- as sale consideration for Schedule-A land, but plaintiff started bargaining over the same and ultimately, it was agreed that the sale consideration fixed at Rs.11,50,000/- must be paid at a time on the date of registration of the agreement itself. The plaintiff also agreed to said terms and stipulation and to pay the sole consideration of Rs.11,50,000/- on the date of registration. Paragraph-12 of the written statement is relevant for deciding the appeal and so, it needs to be quoted below: