SUNAMANI NATH Vs. SUKUMARI DEB

JUDGEMENT

(1.) THE present Second Appeal against the judgment and decree dated 20. 12. 1999 passed by the learned Civil Judge (Sr. Division), Karimganj in Title Appeal No. 13 of 1991 allowing the appeal by setting aside the judgment and decree dated 8. 4. 91 passed by the learned Munsiff-1 Karimganj in T. S. No. 108 of 1983, was admitted for hearing on 14. 06. 2000 on the following three substantial questions of law, which read as under:

(2.) HEARD Mr. B. C. Das, learned Sr. counsel appearing for the appellant/defendant as well as Mr. M. Singh, learned counsel appearing for the respondent/plaintiff, Nagendra Kr. Nath.

(3.) THE respondent/plaintiff, Sri Nagendra Kr. Nath, further, pleaded that he had deposited through challan the said remaining amount of Rs. 4,675/- in the Court. On plain perusal of the plaint of the T. S. No. 108 of 1983 filed by the respondent/plaintiff, Nagendra Kr. Nath, it is clear that the Respondent/plaintiff had not specifically pleaded in the plaint that he was ready and willing to perform his part of the contract. The appellant/defendant, Sri Sunamoni Nath, filed his written statement wherein he categorically denied that he proposed to sell his share of the said land, i. e. , the land prescribed in the Schedule to the plaint and that he had received a sum of Rs. 825/- on 5. 8. 92 as advance and that the price of the said land, i. e. , his share of the land, was settled at Rs. 5,500/- and also that he agreed to execute a registered sale deed for the sale of his share on receiving the total amount of Rs. 5,500/- by Baisakh, 1390.