SAILENDRA CH. KAR Vs. KANDARPA MOHAN ADHIKARI

JUDGEMENT

(1.) The present regular second appeal has been preferred by the defendant/appellant against the judgment and order dated 29.11.1997 passed by the learned Additional District Judge, North Tripura, Dharmanagar in Money Appeal No. 4 of 1993 (Shri Kandarpa Mohan Adhikari Vs. Sri Sailendra Chandra Kar and others) upsetting the judgment and order dated 30.6.1993 passed by the learned Assistant District Judge, North Tripura, Dharmanagar in Money Suit No. 3 of 1990 which was filed by the plaintiff/respondent herein. While admitting the second appeal on 31.3.1998 this Court has indicated the following substantial questions of law for adjudication of the appeal:-

(2.) In order to deal with and adjudicate the present second appeal it is necessary to narrate the facts as below:-

(3.) On receipt of summons from the Court the defendant appeared and contested the suit by filing written statement. The main contention of the defendant was that the plaintiff failed to tender the balance amount towards settled consideration money within the stipulated period, whereas, the defendant was otherwise fully ready to comply the transaction by way of executing and registering the sale-deed the same could not ultimately be done. The defendant No. 1, therefore, claimed that the plaintiff was not entitled to get any relief.