RAJEN HALOI Vs. JAGANNATH BHATTACHARJYA

JUDGEMENT

(1.) The order dated 30.4.2008 passed by the learned Civil Judge, Nalbari, in Title Execution Case No. 7/2007 allowing the application for execution filed by the respondent decree holder by rejecting the objections raised on behalf of the petitioners is under challenge in the instant proceeding. The present petition was initially instituted by one Shri Rajen Haloi, judgment debtor in Title Suit No. 12/2004 and Smt. Renu Barman, petitioner No. 2 who claimed to have purchased the suit land in between after the decree in question.

(2.) I have heard Mr. D. Choudhury, learned counsel for the petitioners and Mr. P.M. Deka learned counsel for the respondent/plaintiff.

(3.) The facts in brief are that the respondent plaintiff had instituted the aforementioned suit against Shri Rajen Haloi and another praying for a decree inter alia for specific performance of the contract for sale and restraining him (defendant No. 1) from conveying the suit property to the defendant No. 2 or any other person. Having regard to the issues raised for adjudication it is not essential to dilate on the pleadings of the parties. Suffice it would be to mention that the claim was resisted by the defendant No. 1 and the learned trial court on a consideration of the materials on record by judgment and order dated 13.12.2005 decreed the suit in the following terms.