MADHURI GOSWAMI SARMA Vs. ALAKA DUTTA B.

JUDGEMENT

(1.) The appellants are aggrieved by the judgment and decree dtd. 6/3/2024, passed by the learned Civil Judge, (Senior Division) No. 1, Kamrup (M), in connection with Title Suit No. 690/2022, decreeing the suit in favour of the plaintiffs.

(2.) The appellants, (i) Madhuri Goswami Sarma, (ii) Aman Ulla, (iii) Joynal Abdin, and (iv) Md. Rahul Ali were the defendants and the proforma defendants arrayed in the title suit, whereas the respondent was the plaintiff of the original title suit. The appellants herein will be referred to as the defendants, whereas the respondent shall be referred to as the plaintiff.

(3.) The plaintiff brought up this title suit, contending inter alia that the plaintiff entered into an agreement for sale with defendant No.1, Madhuri Goswami Sarma for a parcel of land admeasuring 1 Katha 10 Lechas appertaining to Dag No. 678(old)/1682(new) of K.P. Patta No. 46(old)/55(new). The agreement was for a sale consideration of Rs.30.00 Lacs on 1/5/2013, and the plaintiff had already paid Rs.10,00,000.00 on the day of the execution of the agreement to the defendant. Despite receiving Rs.29,90,000.00, out of the total sale consideration of Rs.30.00 Lacs on various dates, the defendant No. 1 failed to execute a registered sale deed in favour of the plaintiff, in violation of the agreed terms and conditions of the contract.