SUMAN SHYAM
Jyotish Bhagawati – Appellant
Versus
Labonya Prova Dutta – Respondent
1. This Second Appeal is directed against the judgment and decree dated 24.04.2006 passed by the learned Civil Judge (Senior Division), Jorhat in Title Appeal No.22/2005 reversing the judgment and decree dated 02.05.2005 passed by the learned Civil Judge (Junior Division) No.1, Jorhat in Title Suit No.18 of 2004.
2. The case of the appellant/plaintiff, in brief, is that he had entered into a registered deed of agreement for sale dated 18.11.1999 with the defendant Nos.1 and 2, namely, Smti. Labonya Dutta and Sri Uttam Dutta, for purchase of a plot of land measuring 1 Katha 10 Lechas covered by dag No.971 of P.P. No.431 of Bahotia Gaon in Sarucharai Mouza in the district of Jorhat for a saleconsideration of Rs.60,000/- per katha. Pursuant to the execution of the aforesaid registered deed of agreement for sale, the plaintiff had paid the advance amount out of the said consideration pursuant whereafter the he was put in possession of the said plot of land. It is the case of the plaintiff that as per the agreement for sale dated 18.11.1999 the defendants were required to provide with a passage of 12 ft. width for the use of the plaintiff for egress and ingress to the aforesaid
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