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1997 Supreme(Gau) 122

J.N.SARMA
Md. Mohar Ali – Appellant
Versus
Md. Mamud Ali and others – Respondent


Advocates Appeared:
N. Chakraborty (Sr.), N. Chakraborty (Jr.), M.M. Rahman, Y.K. Phukan and D. Das

Judgement

The plaintiffs instituted a suit on 19-6-1984 in the Court of the Munsiff No. 1 at Nagaon for specific performance of contract.

2. The brief facts are as follows :

"The plaintiffs sold a plot of land to the defendant by a registered deed of sale on 19-2-1968. On the same date there was another registered deed of sale stating that if the plaintiffs returns back the consideration money, the land sold by the plaintiffs shall be reconveyed to the plaintiffs. It is stated in the plaint that the possession of the land was not delivered to the defendant and it continued with the plaintiffs and the plaintiffs used to pay paddy rent to the defendant. It is stated in para 2 of the plaint that the plaintiffs requested the defendant to reconvey the land for the last 3 to 4 years, but that was not done. But the defendant got the land mutated in his name of 8-3-1984. There also was a proceedings under Section 145 of Cr.P.C. and in that proceedings the possession of the land was declared in favour of the defendant. There was a revision before the Sessions Judge and that revision also was rejected. It is stated in para 3 of the plaint (by way of amendment) that the plaintiffs wanted to ref


































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