MADHU SUDAN PRADHAN Vs. SANTOSH KUMAR DAS

JUDGEMENT

(1.) Defect No. 25 is ignored.

(2.) Heard.

(3.) This writ petition is as against the order passed on 23-1-2002 by the Civil Judge (Sr. Division), Nayagarh in rejecting the application filed by the plaintiffs/petitioners for deputing a Survey Knowing Commissioner to find out as to who is in possession of the suit premises and whether any development has been undertaken in the suit premises, i.e. the residential premises. The suit, i.e., Title Suit No. 51 of 1993 is for specific performance of contract on the basis of agreement for sale, said by plaintiffs to have been validly executed by the sole defendant/opposite party on receipt of part consideration amount and giving delivery of possession. It is also admitted that in the suit plaintiffs have sought for a direction to the defendant to receive balance consideration amount and to execute the sale deed and in the alternative to grant compensation amount Rs. 80,000/- (eighty thousand) for the loss and damages which he has suffered by spending Rs. 20,000/- (twenty thousand) towards the improvement and losing opportunity of getting another available plot/house because of the alleged contract with the defendant. It is stated at the Bar that defendant in his written statement while admitting about executing that document has advanced the pleas that it was a sham and nominal document and that was never acted upon. He has also denied to the contention of the plaintiffs relating to delivery of possession and improvement, as pleaded in the plaint.