KALIPADA MAHATO Vs. BABI MAHATAIN

JUDGEMENT

(1.) The plaintiff has preferred this writ application under Article 227 of the Constitution of India for quashing of the order dated 13.04.2015 passed by the learned Civil Judge ( Junior Division), Bokaro in Title Suit No. 47 of 2007, whereby the petition filed by the plaintiff for appointment of Pleader Commissioner under Order 26 Rule 9, read with Section 151 of the Code of Civil Procedure ( in short the 'Code') has been rejected.

(2.) At the instance of the plaintiff/petitioner, a suit was filed for a decree of specific performance of contract and for confirmation of possession over the suit land and further for a direction to the defendants to execute registered sale deed in respect of the property as mentioned in the schedule at the foot of the plaint after taking balance consideration amount.

(3.) The pleading of the plaintiff is that the property, in question, bearing C.S. Plot no. 827 and 828 measuring 23 decimals, situated in Mouza Kaliadag within P.S. Chandankiary belongs to the defendant no.1, who had acquired the suit property by virtue of registered sale deed dated 18.12.1987 and 28.06.2002 The said defendant no.1 offered to sale the above land to the father of the plaintiff on total consideration amount of Rs. 52,000/ - which was accepted by the father of the plaintiff. Defendant no.1 took advance of Rs. 30,000/ - from the plaintiff and agreed to execute sale deed after receiving the balance consideration amount of Rs. 22,000/ -. Accordingly, unregistered deed of agreement incorporating the terms and condition to sell was executed. After taking advance money , possession was also delivered to the plaintiff and since then plaintiff has been coming in possession.