ORDER

Date : 10-12-2021 Feeling aggrieved by the order dated 20/11/2019 passed by the Court of the Munsiff, Kamrup, Amingaon, Assam in Misc. (J) Case No. 83/2018 arising out of Title Execution No 4/2018, the petitioners are before this Court under Section 115 of the Code of Civil Procedure , 1908.

2. For the purpose of deciding the present lis, it would be relevant to take note of the factual background leading to the passing of the impugned order. The respondent herein had entered into an agreement dated 30/07/2006 with the petitioner No. 1 herein whereby it was agreed that the petitioner No. 1 would sell a plot of land measuring 2 bigha 2 katha 19 lechas to the respondent herein for a consideration of Rs. 1,29,500/- and out of which Rs. 75,000/- was paid as advance. Thereafter as the petitioner No. 1 did not execute the registered Deed of Sale in pursuance to the agreement dated 30/07/2006, for which the respondent herein as plaintiff instituted a suit being Title Suit No. 64/2009 before the Court of the Munsiff No. 1, Kamrup. While the said suit was pending, the petitioner No. 1 made transfer by way of 3 separate Deeds of Sale i.e. Deed No. 600/2009 dated 23/03/2009 in favour of