IN THE SUPREME COURT OF BANDLADESH

HIGH COURT DIVISION

(CIVIL APPELLATE JURISDICTION)

Present:

Mr. Justice Md. Badruzzaman.

And

Mr. Justice Sashanka Shekhar Sarkar

First Appeal No. 114 of 2012

Md. Abdul Kader Khan

………… Plaintiff-Appellant. -Versus-

Most. Kazi Lutfa Begum being dead her legal heirs Most. Samiza Hossain Koli and others

……..Defendants- Respondents Mr. Md. Khalilur Rahman, Advocate

… For the Appellant

Mr. Md. Saidul Alam Khan, Advocate

… For respondents

Heard on: 18.01.2024, 22.01.2024, 29.01.2024 and

30.01.2024

Judgment on: 04.02.2024.

Sashanka Shekhar Sarkar, J:

This appeal, at the instance of the plaintiff is directed against judgment and decree dated 28.02.2012 (decree signed on 04.03.2012) passed by learned Joint District Judge, 1st Court, Dhaka in Title Suit No. 826 of 2010 rejecting the plaint on an application under Order VII rule 11 of the Code of Civil Procedure in a suit for Specific Performance of Contract.

The facts, relevant for disposal of the appeal, are that one Most. Kazi Lutfa Begum, [mother of respondent No. 1(a)-1(c)] and Md. Jebul Sikder being the owners and possessors of the land mentioned in the schedule of the plaint, came to an agreement with the plaintiff to sell out the scheduled land with a consideration of Tk. 28 lac and accordingly, on receiving the earnest money of Tk. 10 lac executed a registered bainapatra on 23.11.2009 with terms and conditions that the defendants within 1 (one) year from the date of execution and registration of bainapatra, would execute a registered kabala in favour of the plaintiff on receiving the rest balance amount of the consideration of the contract. The plaintiff within the time as mentioned in the terms, requested the defendants to execute and register a kabala receiving the remaining consideration but they on the plea of correcting wrong field survey delayed to do so and thereafter, when the field survey was corrected he again requested to get the kabala executed but he was denied and the defendants on the pretext

of mentioning less consideration in bainapatra adopted dilatory tactics to execute th