AIBUNNISHA Vs. MASRUR ALAM

JUDGEMENT

(1.) Petitioner was defendant-judgment-debtor of Title Suit No. 203 of 1985, which was filed by the opposite party for specific performance of contract for sale of the suit premises vide deed of agreement dated 17-9-1984.

(2.) The petitioner is aggrieved by the impugned order dated 5-1-2005 by which the learned Subordinate Judge-3. Buxar, had allowed the decree- holder's (O.Ps) petition for delivery of possession in Execution Case No. 4 of 1993, which was filed for execution of the decree passed in Title Appeal No. 78 of 1987 which had arisen out of the said Title Suit No. 203 of 1985.

(3.) Short fact of this case is that initially the petitioner had filed Title Suit No. 94 of 1985 against the opposite party for a declaration that the deed of agreement for sale dated 17-9-1984 was void, fraudulent and forged. Thereafter, the opposite party filed Title Suit No. 203 of 1985 against the petitioner for specific performance of the said contract for sale dated 17-9-1984. Both the suits were heard together and were decided by a common Judgment dated 30-6-1987 by which Title Suit No. 94 of 1985 filed by the petitioner was dismissed and Title Suit No. 203 of 1985 filed by the opposite party was decreed in part.