FLORA HORRO Vs. SHANTI NAG

JUDGEMENT

(1.) Heard the learned counsel for the appellant.

(2.) This second appeal has been preferred under Sec. 100 of Code of Civil Procedure against the judgment and decree of reversal dtd. 12/10/2018 passed by the learned District Judge-I, Khunti in Civil Appeal (Title Appeal) No.94 of 2009 whereby and where under, the learned first appellate court set aside the judgment of the trial court being the Munsif, Civil Court Khunti passed in Title Suit No. 07 of 2008 dtd. 19/5/2009 whereby and where under, the learned Munsif, Khunti decreed the suit on contest and directed the defendant no.1 to execute the sale deed in respect of the suit property in favour of the plaintiff within 60 days from the date of such judgment and allowed the appeal on contest.

(3.) The brief fact of the case is that the plaintiff filed Title Suit No. 07 of 2008 with a prayer for specific performance of the agreement in favour of the plaintiff and against the defendant no.1 with respect of the suit land and direct the defendant no.1 to execute and register the deed of sale in favour of the plaintiff with respect to the lands in suit within a time to be fixed by the court failing which the deed of sale be executed and registered through the process of court and possession of the plaintiff over the suit land be confirmed and in case, the plaintiff is not found in possession of the suit land, decree for recovery of possession be passed and the plaintiff be put in khas possession and additional prayer of permanent injunction restraining the defendant no.1 from dispossessing the plaintiff from the suit land. Cost of the suit and other relief was prayed for.