SAFIAR RAHMAN Vs. ABU BAKKAR SIDDIQUE

JUDGEMENT

(1.) Heard Mr. N. Dhar, the learned counsel for the petitioner.

(2.) The present revision filed under Article 227 of the Constitution of India is directed against the order dated 25.11.2016 passed by the learned Civil Judge, Dhubri in Title Execution Case No.1/2015 arising out of Title Suit No.21/2001.

(3.) By the impugned order, the petition filed by the petitioner/judgment debtor under Section 28 of the Specific Relief Act, 1963 read with Section 47 of the Code of Civil Procedure for rescission of contract on the ground that the decree dated 09.06.2005 passed in Title Suit No. 21/2001 is not executable and is a nullity, was rejected. In the said application, the petitioner had mentioned that the agreement dated 05.09.2000 was illegal, fraudulent and the same was made with dishonest intention and for wrongful gain as the actual market value of the suit land, which is situated at the road-side, was much higher than the valuation of Rs.40,000/- as mentioned in the agreement and that by the efflux of time of more than 15 years of litigation, the price of the property has increased manifold and at the time of filing of the said petition, the market value of the land in question was more than Rs. 2 Lakh.