IMPORTANT POINT
The court reaffirmed that in suits under Section 6 of the Specific Relief Act, the focus is solely on possession and unlawful dispossession, not on the title of the property.

JUDGMENT :

(Prasenjit Biswas, J.)

The instant application under Article 227 of the Constitution of India is directed against the judgment and decree dated 9th September, 2014 passed by the learned Civil Judge (Senior Division) Jhargram, Paschim Mednipur in Title Suit No.47 of 2011.

2. The petitioner filed a suit under section 6 of the Specific Relief Act for recovery of possession of a flat. The case made out by the petitioner in the plaint of the said suit in a nutshell runs thus.

3. Admittedly the suit flat belongs to the defendant No. 1 (Sudevi Gupta). There was a talk of sale in between the plaintiff and defendant No. 1 (since deceased) and she was agreed to sell the said flat to the petitioner at a consideration price of Rs. 5,15,000/-. After negotiation, the opposite parties/defendants had given liberty to the plaintiff/petitioner to use the scheduled flat on receipt of Rs. 1,15,000/- on the very first date of talk of sale. An agreement for sale was executed in between them on 08.03.2009 and this petitioner further gave Rs. 2,00,000 to the defendant No. 1 out of the total consideration money of Rs. 5,15,000/-. As per the said agreement the defendant No. 1 was obligated to supply the original deed of purchase to the petitioner/plaintiff by 24.03.2009 with a further stipulation that if it is delayed then the plaintiff/petitioner would be obligated to get the sale deed registered from the defendant No. 1 within one month of supply of the original deed of purchase.

4. The opposite parties/defendant No. 1 and 2 never supplied the original deed of purchase to the plaintiff/petitioner after necessary rectification as there was a manifest error which revealed from the certified copy of the same given to the petitioner by the opposite party no. 1. In the meantime, a suit was initiated by the defendants/opposite parties against this petitioner with a prayer for recovery of possession after evicting him from the said flat. In the said suit being O.S No. 88 of 2010 this petitioner entered his appearance and prayed for time for filing written statement. It is stated by the petitioner that on 13.04.2011 the defendants/opposite parties took the possession of the scheduled flat forcefully by breaking open the pad-lock taking advantage of the petitioner's temporary absence there from. This petitioner filed G.D. Entry before the concerned police station for necessary help to restore his possession of flat but it was ended in vain and no fruitful result had come in view of such complaint. This petitioner also lodged an FIR being No. 226/11 before Jhargram P.S dated 14.08.2011 upon which a criminal proceeding has been started and a criminal case is still pending before the court of learned ACJM Jhargram.

5. Finding no other alternative this petitioner as a plaintiff filed a suit against the defendants/opposite parties with a prayer for recovery of possession in respect of the scheduled flat under section 6 of the Specific Relief Act. In the said suit the defendants/opposite parties entered their appearances and filed written statement denying the possession of this petitioner in the scheduled flat. It is stated by the defendants that the plaintiff/petitioner failed to pay the balance consideration money within the stipulated period as per the agreement dated 19.02.2008 and thereafter, the defendants tried to contact with the plaintiff on several times and told him to pay the balance consideration money and to get the deed executed and registered. But the plaintiff expressed his inability to pay the balance consideration money. Thereafter all on a sudden the plaintiff appeared before the defendants with a request to extend the time for agreement for sale and pursuant to the request made by the plaintiff the defendants renewed the said agreement by extending the period from 08.03.2009 to 31.03.2009. Although the plaintiff promised to pay the balance consideration money within 31.03.2009 and get the deed registered but he did not pay the balan