J.P.MITTER, R.P.MOOKERJEE
KARTIK CHANDRA PAL – Appellant
Versus
DIBAKAR BHATTACHARJEE – Respondent
( 1 ) THIS is an appeal on behalf of the J.-D. against an order passed by the Additional Subordinate Judge, Burdwan dismissing an objection filed under Section 47, Civil P. C.
( 2 ) THE plff.-respondent had brought a suit for specific performance of a contract against the defts. The suit was decreed on 21-2-1948 in the following terms: Claim for"properties mentioned in the Schedule below belonged to one Raman Dhara and defts. became owners of the same after the death of said Raman Dbara Defts. on different dates took Rs. 600 as earnest money from the plff. and executed a bainanama in favour of the plff. and promised to sell those properties to plff. by executing and registering s sale deed. A deed of sale was dratted on proper stamps on the advice of the deft. 1, But as defts. subsequently refused to execute and register the said deed, plff's claims are for a decree of specific performance of contract in respect of the said deed against the deft. and on deft, fail- ing to execute and register the deed within the same limit prescribed by the Court to have the deed executed and registered by the Court and to have coats of this suit from the defts. and if claim o
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