SHRI SANJAY KUMAR BARUA, S/O LATE BIRENDRA KUMAR BARUA RESIDENT OF PANBAZAR, S.C. GOSWAMI ROAD, GUWAHATI Vs. SHRI PRADIP KUMAR GOSWAMI S/O LATE JAMINI KANTA GOSWAMI, RESIDENT OF M.G. ROAD, NEAR BANESWAR TEMPLE, PANBAZAR, GUWAHATI

JUDGEMENT

(1.) This second appeal has been preferred against the judgment and decree of reversal dated 30-01-1009 passed by the learned Additional District Judge (F.T.C) No. 2, Kamrup, Guwahati in Title Appeal No.13/2007 setting aside the judgment and decree dated 28-08-2007 passed by the learned Civil Judge (Senior Division) No. 2 Kamrup, Guwahati in Title Suit No.75/1996 whereby the suit of the plaintiff was decreed by the trial court.

(2.) The second appeal was admitted by this Court by order dated 19/6/2009 to be heard on the following substantial questions of law:-

(3.) The brief factual matrix of the case, as projected in the plaint, is that the defendant/respondent is the owner in possession in respect of plot of land of 11/2 katha with RCC building (ground floor) standing thereupon which plot of land is covered by Dag No.29 of K.P. Patta No.453 of Sahar-Guwahati, Block No.3 under Guwahati Mouza in the district of Kamrup. By executing an unregistered deed of lease dated 07/07/95 the defendant had leased out the said RCC building and a plot of land measuring 1 katha to the plaintiff by receiving an amount of 5000.00 pursuant whereto the plaintiff was put in possession in respect of the said land and building which is described as the suit land. Being in need of money, the defendant had thereafter entered into an agreement for sale of the said 1 katha land and the building standing thereupon, with the plaintiff on 18/7/1995 by receiving an amount of 2,50,000.00 (Rupees two lakh's fifty thousand) as advance payment as against the total sale consideration of 3,00,000.00 (Rupees Three lakh's ). On 8/8/1995 the aforementioned agreement for sale was registered before the Kamrup Sub-Registrar at Guwahati bearing registered deed of agreement No.3833/1995. As per the said registered deed of agreement for sale, the defendant was required to execute and register a sale deed in respect of the suit land and building within a period of 6 months from the date of execution of the agreement for sale by obtaining necessary permission from the competent authority and also by accepting the balance amount of 50,000.00 being the remaining part of the stipulated sale price of 3 lakh's as consideration for sale of the land and building.