ABDUL MATIN CHOWDHURY Vs. CHAPALA RANI SEN

JUDGEMENT

(1.) This appeal by special leave is directed against the judgment and decree dated 6.4.83 passed by the High Court Division, Comilla Bench in Second Appeal No 352 of 1978 allowing the appeal and reversing the concurrent decisions of the Court below.

(2.) The appellant, as plaintiff, instituted Title Suit No.602 of 1974 in the Court of Munsif, 1stCourt, Sadar, Sylhet against the defendant respondents praying for a decree for specific performance of contract for sale and also for permanent injunction restraining principal defendants (Respondent Nos.1-3) from disturbing plaintiff's possession in the suit land or from transferring the suit land to anybody else by way of sale or otherwise.

(3.) The plaintiff's case, in brief, is that the suit land along with other lands belonged to defendant Nos.1 and 2 and Promode Nath Sen, the father of defendant No.3, in Mourashi Maliki right and they were in exclusive possession of the same. In 1963, these three persons proposed to sell the suit land and other lands and after negotiation an agreement was made for sale of 6 keur 1 poa of land including the suit land for a consideration of Tk.18, 750/00. Subsequently, it came to light that there had been some mistake in the record of right of the land contracted for sale and accordingly in the later part of 1963 a Baina was made after making over possession of the suit land along with the other lands to the plaintiff. It was agreed upon between the parties that the sale deed would be executed and registered by the defendants after correction of record of right. The baina patra was kept with one Saradah Charan Deb, a clerk of the local Court who was the mediator of the transaction.