Dilip Gupta VS Debashish Palit

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

MUNGESHWAR SAHOO
Dilip Gupta – Appellant
Versus
Debashish Palit – Respondent

Counsel for the Parties:
For the Appellants :Mr. J.S. Arora and Mr. Bhuwaneshwar Prasad, Advocates.
For Respondent No.1.:Mr. Ganpati Trivedi and Mr. Madan Mohan, Advocates.
For the Respondent No. 2 Mr. R. K. Sinha and Mr. Manoj Kumar Pandey, Advocates.
For the Respondent Nos. 10, 11 & 12:Mr. Siddheshwari Prasad Sinha, Sr. Advocate, Mr. Srinandan Prasad Singh, Advocate, Mr. Krishan Kumar Sinha, Advocate with him.

JUDGMENT

Mungeshwar Sahoo, J.—The plaintiffs-appellants have filed this second appeal against the appellate court judgment and decree dated 13.11.2006 passed by Additional District Judge-7th, Patna in Title Appeal No. 60 of 2006 whereby the lower appellate court dismissed the title appeal and confirmed the judgment and decree of the trial court dated 3.5.2006 passed by Sub Judge-3rd, Patna in Title Suit No. 69 of 2006 whereby the appellants plaint was rejected under Order 7 Rule 11 (a and d) of the Code of Civil Procedure.

2. The plaintiffs filed the aforesaid Title Suit No. 69 of 2006 praying for a decree for specific performance of the contract for absolute conveyance of the land measuring 3 kattha 3 dhur described in schedule 2 of the plaint with full and absolute ownership as contained and envisaged in the compromise petition ending in decree dated 18.3.1980 in Title Eviction suit No. 70 of 1967 by the court of execution Munsif, Patna be passed in favour of plaintiffs and against the defendants – 1st party who be directed to execute and register deed of conveyance in favour of the plaintiffs and defendants – 2nd set within a reasonable time and the possession of the plaintiffs