JUDGMENT :

Partha Sarathi Chatterjee, J.

1. Legality and propriety of the judgment and decree dated 17.5.2018 passed by the learned Civil Judge, Senior Division, Malda in O.C. 205 of 2008, whereby the suit for specific performance of contract filed by the plaintiff/respondent herein was decreed, has been called in question in this instant appeal.

2. Facts projected in the plaint, in brief, are as follows :

i) That the suit property originally belonged to defendant no.1 who had purchased the same by virtue of registered deeds being nos. 8158, 8159, 8160, 8161, 14729, 14730 and 14732 registered on 24.5.1984 and 15.10.1984;

(ii) That the defendant no.1 proposed to sale out the suit property and the plaintiff agreed to purchase the same on a highest market value of Rs.23,40,001/-;

(iii) That defendant no.1 accepted Rs.1,51,001/- by cheque from the plaintiff and executed on agreement for sale on 4.3.2008 and the same agreement for sale being no. 1728 was duly registered in the office of Malda Sadar Sub Registrar on 5.3.2008;

(iv) That since there was a mistake in recording the name of the plaintiff in the agreement for sale, one deed of declaration being no. 18 of 2008 was also made incorporat