JUDGMENT

Prafulla C. Pant, J.

Leave granted.

2. This appeal is directed against judgment and order dated 01.08.2013, passed by High Court of judicature at Calcutta in Second Appeal No. 430 of 2004, whereby said court has modified the decree passed by Additional District Judge 3rd, Howrah in Title Appeal No. 139 of 2002.

3. We have heard learned counsel for the parties and perused the papers on record.

4. Brief facts of the case are that plaintiff/respondent filed Title Suit No. 4 of 1993 for specific performance of agreement, possession and injunction before Civil Court at Howrah, in respect of ‘Danga’ land measuring 8 cottahs 14 chittacks 24 sq. ft., recorded as 16 shatak in R.S. Dag No. 271 Khatian No.74, and in recent settlement record the same has been recorded in Dag No. 273, Khatian No. 602 within Mouza-Pakuria, P.S. Domjur, District Howrah. As per the agreement dated 04.02.1992, defendant (Mishrilal Mondal) agreed to sell the land at the rate of Rs.15,000/-per cottah in favour of plaintiff (Ganesh Chandra Naskar), and received Rs.60,000/-as earnest money, and rest of the consideration was agreed to be paid at the time of the execution of sale deed. It was also stipulated in t