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2014 Supreme(Tri) 289

S.C.DAS
Raiharan Datta – Appellant
Versus
Parimal Chandra Baidya – Respondent


Advocates Appeared:
For the Appellant :A.K. Bhowmik, Sr. Advocate and R. Datta, Advocate
For the Respondents:S.M. Chakraborty, Sr. Advocate, S. Bhattacharjee, P. Chakraborty, D.R. Chowdhury, K.K. Pal and D. Deb, Advocates

JUDGMENT

S.C. Das, J.

1. This civil first appeal under Section 96 of the Code of Civil Procedure is directed against the judgment and decree dated 26.04.2011 passed by learned Civil Judge (Sr. Division), South Tripura, Udaipur, incase No. T.S. 19 of 2009 whereunder the suit instituted by the plaintiffs for specific performance of contract with consequential relief has been dismissed. Heard learned Sr. counsel Mr. A.K. Bhowmik assisted by learned counsel Mr. R. Datta for the plaintiff appellants (herein-after mentioned as plaintiffs) and learned Sr. counsel Mr. S.M. Chakraborty assisted by learned counsel Mr. S. Bhattacharjee for the defendant-respondent No. (hereinafter mentioned as defendant No. 1) and learned counsel Mr. D.R. Chowdhury for the defendant-respondents No. 2 and 3 (hereinafter mentioned as defendants No. 2 and 3).

2. Let us first have a glimpse to the pleadings of the parties.

2.1 The plaintiffs' inter alia, contended that the suit land measuring .240 acres, described in the schedule of the plaint belonged to defendant No. 1 and the defendant while in urgent need of money in the last part of October, 2008 made a proposal to the plaintiffs to sell the suit land at a marke








































































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