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2016 Supreme(Tri) 275

S.TALAPATRA
Md. Abdul Sattar, s/o late Farjan Ali – Appellant
Versus
Md. Maruf Ali, s/o Md. Aakbar Ali – Respondent


Advocates Appeared:
For the Appellant : Mr. P. Chakraborty
For the Respondents: Mr. D.C. Roy

JUDGMENT & ORDER :

These appeals are filed under Section 100 of the CPC and clustered for purpose of disposal by a common judgment inasmuch as these appeals have emerged from the suit being Title Suit No. 51 of 2006 instituted by the respondent No.1, in both these appeals, for specific performance of contract. By the common judgment dated 07.05.2012 delivered in Title Appeal No. 31 of 2008 and Title Appeal No. 32 of 2008 by the District Judge, North Tripura, Kailashahar [as he then was], the judgment dated 26.06.2008 delivered in Title Suit No. 51 of 2006 has been reversed.

2. The suit filed by the respondent No.1 was dismissed by the trial court [the Court of the Civil Judge, Sr. Divn., Kailashahar, North Tripura] so far the specific performance of contract dated 15.12.2005 for purchase of suit land is concerned. However, the suit was partly decreed in favour of the plaintiff-respondent to the effect that he would get back the earnest money of Rs.20,000/- with 10% simple interest per annum from the appellant herein calculating interest from 20.12.2005 till realization with cost of the suit.

3. Two separate appeals were filed. One by the appellant herein being Title Appeal No.31 of 20






























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