RAM KUMAR HIMATSINGHA Vs. GAJENDRA CHANDRA BORA

JUDGEMENT

(1.) THE Plaintiff instituted the suit out of which this appeal arises, to enforce an agreement, dated 22 -9 -1948. On the terms of the agreement, he has sought to enforce two alternative reliefs. The first is a claim for recovery of Rs. 2000/ - from the Defendant. In the alternative, he prayed for a mandatory injunction against the Defendant compelling the latter to construct a hospital in terms of the agreement in question.

(2.) IT is admitted that on the date of the said agreement, the Defendant had purchased from the Plaintiff an area of IB. 2K. 17 Lechas of land covered by dag No. 948 of Tezpur village, together with houses standing thereon, for a consideration of Rs. 7000/ -. The terms of the sale in question are embodied in a registered document.

(3.) HE has also rightly pointed out that there were eviction proceedings, admittedly against the Defendant, also against the Plaintiff. There is no period given in the document within which the hospital had to be constructed. In my opinion, having read the document, it appears to nxe that the terms are quite vague and no claim was made at any stage by the Plaintiff that the hospital had to be erected within a certain period, failing which the Plaintiff would be entitled to recover Rs. 2000/ - from the Defendant.