RAMESH KUMAR GUPTA Vs. KSHETRIMAYUM IBOHAL SINGH

JUDGEMENT

(1.) HEARD Mr. M. K. Choudhury, the learned Sr. Counsel assisted by Mr. J. I. Barbhuiya, learned counsel appearing for the appellant as well as Mr. A. C. Borbora, learned Sr. counsel assisted by Mr. M. G. Singh, learned counsel representing the respondents.

(2.) THIS First Appeal has been directed against the judgment and decree dated 26. 09. 2008 passed by the Additional District Judge (Fast Track Court), Manipur East, Imphal in Original Suit No. 45/2000/3/2003 whereby the suit for specific performance of contract for sale of suit land instituted by the appellant as plaintiff (hereinafter called as 'the appellant') against the respondents arraying them as the defendants (hereinafter referred to as, 'the respondents') was dismissed by the trial Court.

(3.) THE respondents contested the suit by filing their joint written statement dated 22. 9. 2001 wherein the respondents denied the allegations made by the appellant in his plaint excepting that appellant and his father were the tenants of the respondent No. 1 and his father. It was submitted by the respondents that the suit plot was gifted by Tomba Singh in favour of the respondent Nos. 1 and 2 on 2. 6. 1972 and mutation was accordingly made by the S. D. C. , Imphal West Central on 5. 6. 1981 in his Mutation Case No. 505 of 1981 and since then both of them were owners of the same. It was submitted that the respondent No. 1 alone could not do the transactions in favour of the appellant as alleged by him in his plaint. Hence, the respondents prayed that the appellant's suit be dismissed with costs.