SUKUMAR CHAKRAVARTY, J.

( 1 ) THIS appeal is directed against the judgement and decree passed by Shri A. K. Chakravorty, the learned Additional District Judge, First Court, Midnapore, in other Appeal No. 306 of 1977 reversing the judgement and decree passed by Shri M. N. Das, the learned Subordinate Judge, First Court, Midnapore in Other Suit No. 35 of 1975 and dismissing the suit.

( 2 ) PLAINTIFF Purnima Rani Dutta, filed the aforesaid suit against the defendant Lakshmi Bala Dasi for specific performance of the contract for sale of the suit property and for possession. It was the case of the plaintiff in brief that the suit property originally belonged to one Sushila Sundari Dasi who executed a deed of gift dated 29-6-51 in favour of the defendant in respect of the suit property. The defendant possessed the suit property since then and her name was duly recorded in the R. S. record of rights. The defendant entered into an agreement to sell the suit property to the plaintiff for a consideration of Rs. 5,300/- and executed a registered deed of agreement on 24-11-72 on acceptance of Rs. 500/- as earnest money towards the consideration. It was agreed between the parties that within

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