GANGA SINGH COLLEGE Vs. BHARATI BIDYA MANDIR

JUDGEMENT

(1.) This civil revision by the defendant is directed against an order exempting the plaintiff-opposite party from the necessity of substituting the legal representative of defendant No. 1 Smt. Suchitra Dutta in terms of Rule 4(4) of Order 22 of the Code of Civil Procedure.

(2.) The plaintiffs filed suit for specific performance of contract for sale of the property, described in Schedule I of the plaint in favour of plaintiff No. 1-Bharti Bidya Mandir, Chapra. There cases, shortly stated, is that plaintiff No. 1 was the tenant of late Hem Chandra Mitra. After his death, his wife Smt. Suchitra Dutta (defendant No. 1) started realising rent. In the year 1966 the petitioner was allowed to run its Law faculty during evening hours with the consent of the plaintiffs, but the petitioner was never recognised as tenant nor any rent was paid by the petitioner to the plaintiffs or to the landlord. Plaintiff N o. 1 had entered into oral agreement for the sale of the property with Rabindra Nath Dutta in the year 1983 for sum of Rs. 1,10,000/- out of which Rs. 10,000/- was paid in advance. However, the petitioner and opposite party No. 13, the University of Bihar (now known as Babasaheb Bhimrao Ambedkar Bihar University) got a forged sale deed dated 23-8-1985 manufactured in their favour. In the circumstances, the suit was filed for decree of specific performance of contract.

(3.) The petitioner in its written statement filed on 10-12-1993 stated that the aforesaid sale deed dated 23-8-85 was a genuine document executed by the landlord for consideration of rupees 3 lacs. It also took the stand that defendant No. 1 Smt. Suchitra Dutta had died more than three years ago without any issue, leaving behind her husband's sister Smt. Dalia Bose as the only heir, who was a necessary party in the suit. On account of non-substitution, the suit must be held to have abated long ago.