This appeal of the plaintiff is directed against the appellate judgment and decree passed by the Assistant District Judge, Karimganj modifying the judg­ment and decree of the Munsiff No. 2, Karimganj in Title Suit No. 88 of 1979.

2. The case of the appellant/plaintiff before the trial Court was that the defendant No. 1, on receipt of a sum of Rs. 3,000/-, executed a 'Swaranlipi' on 10.4. 78 agreeing to transfer his jote right in respect of 4 bighas of land referred to as "suit land" after final Khatian was issued in his favour and delivered possession of the same forthwith to the plaintiff. Thereafter though final Khatian was issued in his favour he did not execute the sale deed in terms of agreement of sale. On the other hand, he executed a sale deed in favour of the defendant No. 2 in respect of a part of the said land measuring 2 bighas out of 4 bighas agreed to be sold to the plaintiff. The plaintiff, therefore, filed a suit for direction to the defendant No. 1 to execute a registered sale deed in respect of jote right over the suit land in favour of the plaintiff, confirmation of plaintiff's possession over the same and issue of permanent injunction against the defendants restr

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