SHANTI RANJAN DAS Vs. KHALILUR RAHMAN BHUIYAN

JUDGEMENT

(1.) This appeal by leave is directed against the judgment and order dated 16.01.2000 passed by a Single Bench of the High Court Division in Civil Revision No. 645 of 1987 making the Rule absolute.

(2.) Short facts are that the plaintiff filed Title Suit No. 21 of 1984 praying for a decree for specific performance of contract stating, inter alia, that one Suresh Chandra Sen (now deceased), the predecessor of respondent No. 3 who was the owner of the suit land entered into a contract with the plaintiff for sale of the suit land at a total consideration of Tk. 21,000/- and on receipt of Tk. 18,000/- the said Suresh Chandra Sen executed a bainapatra on 29.08.1980 in favour of the plaintiff with stipulation that necessary sale deed in respect of the suit land would be executed and registered within a period of three years on receipt of the balance consideration money of Tk. 3,000/-. Thereafter, Suresh Chandra Sen died on 10.02.1981 leaving behind as his heir Satish Chandra Sen who also died as a bachelor on 12.09.1981 leaving behind the defendant No. 1 as his only heir. Despite repeated demands the defendant No. 1 did not execute and register the sale deed and hence the suit.

(3.) Defendant No.1 contested the suit by filing written statement and contended, inter alia, that Suresh Chandra Sen never executed the alleged bainapatra which is a forged and concocted one and the answering defendant sold the suit land to the defendant Nos. 3 and 4 on 30.01.1984 and the suit is liable to be dismissed.