JUDGMENT AND ORDER :

1. This is an appeal filed under Section 100 of the CPC from the judgment dated 29.09.2011 delivered in Title Appeal No.59 of 2006 by the Addl. District Judge, Court No.4, West Tripura, Agartala.

2. For hearing of the appeal the following substantial questions of law were framed by the order dated 03.04.2012:

(i) Whether the first appellate Court has misread the pleadings of the parties while arriving at the conclusion as to the voidability of the agreement for sale?

(ii) Whether the findings of fact as recorded by the first appellate Court as to the readiness and willingness of the appellant to purchase the suit property and as to the payment of earnest money and the existence of agreement for sale suffers from non-reading and mis-appreciation of the evidence as recorded by the learned trial Court?

3. The essential fact that would be relevant for appreciating the challenge may be introduced at the beginning. The appellant filed a suit for specific performance of a contract for sale being Title Suit No.11 of 1999 in the court of the Civil Judge (Senior Division), Court No.1, West Tripura, Agartala.

4. As pleaded by the plaintiff, the defendants No. 1, 2 and 3 are the

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