Subrata Chowdhury vs Amaresh Chandra Debnath

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2022 Supreme(Tri) 332

S. TALAPATRA, S. G. CHATTOPADHYAY
Subrata Chowdhury – Appellant
Versus
Amaresh Chandra Debnath – Respondent

Advocates appeared:
Mr. D. Bhattacharjee, Sr. Advocate, Mr. Samar Das, Advocate, for the Appellants; Ms. S. Deb (Gupta), Ms. S. Nandy, Advocates, for the Respondent

JUDGMENT

S.G. Chattopadhyay, J. - This is an appeal under Section 96 of the Code of Civil Procedure, 1908 from the decree dated 11.05.2018 drawn in Title Suit No. 77 of 2015 pursuant to judgment dated 27.04.2018 passed by the Civil Judge (Sr. Division), West Tripura, Agartala directing the appellant (defendant in the trial court) to execute a sale deed in favour of the respondent (plaintiff in the trial court) in respect of the suit land within a period of two months from the date of judgment towards specific performance of the agreement dated 02.03.2015 (Exbt.1) executed between the parties to the lis.

2. The seminal facts which are relevant for disposal of this appeal are as under:

The appellant who was the defendant in the trial Court held title over the land measuring 0.034 acres which has been described in the schedule of the plaint. The parties entered into an unregistered written agreement on 02.03.2015 whereby the appellant(defendant) who was in need of cash agreed to sell out the suit land to the respondent(plaintiff) for a consideration price of Rs.66,00,000/-(rupees sixty six lakhs) out of which Rs.15,00,000/-(rupees fifteen lakhs) was paid in advance by the respondent(pl