DHIRA MISHRA @ DHIRA DEVI Vs. MD LAIQUE AHMAD

JUDGEMENT

(1.) In the present second appeal, under Section 100 of the Civil Procedure Code, 1908 (hereinafter referred to as 'the Code'), the appellants are aggrieved by the judgment and decree, dated 19.06.2015/06.07.2015, passed by learned Additional District Judge II, Purnea, in Title Appeal No. 49 of 2007 (Tr. No. 14 of 2015), whereby he has reversed the judgment and decree, dated 25.06.2001/07.07.2001, passed in Title Suit No. 479 of 1990, by learned Munsif, Sadar, Purnea, and has decreed the suit in favour of plaintiffs/respondents 1st set.

(2.) The appellants are the contesting defendants. The suit was filed by the plaintiffs for specific performance of contract with a direction to the defendant No. 1/respondent No. 4 herein to execute sale deed with respect to the suit land in favour of the plaintiffs on receipt of balance consideration money, asserting his right, based on execution of a registered agreement to sell the suit land, dated 22.09.1990, by the Defendant No.1 in favour of the plaintiffs.

(3.) The land has been described as R.S. Plot No. 2606, area 33 decimals, R. S. Plot No. 7328, area 1.03 acres, R. S. Plot No. 2726, area 1.56 acres (total area 2.92 acres) under Khata No. 503, Mouza Khokha, thana no. 156/1, Police Station K. Nagar, District Purnea. In the present judgment, parties have been generally described as per the party-position in the suit, for convenience and clarity.