JANAKI NATH SARKAR Vs. INNATENNESSA BIBI

JUDGEMENT

(1.) This is an appeal from a derision of the 5th Subordinate Judge of Dacca, dated the 17th December 1917, reversing a decision of the 3rd Munsif of Dacca, dated the 23rd August 1913.

(2.) The suit was one for specific performance of a certain contract and for possession of properties. The Munsif decided that the suit could not succeed inasmuch as there was doubt as to the identity of the properties in respect of which a decree for specific performance was sought. The Munsif states that the bainapatra sought to be specifically enforced is not in itself very specific and clear with respect to the properties claimed.

(3.) The learned Subordinate Judge has held that this question does not really arise having regard to certain facts, which he states have appeared in the pleadings, and it is against this decision that this appeal has been preferred.