Decided on December 04,1970

Mangal Ram Namasudra Appellant
Premananda Namasudra Respondents


M.C. Pathak, J. - (1.) THIS appeal by the Defendant is from the judgment and decree of the learned Subordinate Judge, Cachar at Silchar, The Plaintiff filed that suit for specific performance of an agreement dated 10 -3 -1962. The Plaintiff sold the jote right of the suit land by a registered sale deed on 10 -3 -1962 to the Defendant and delivered possession thereof. On the same date there was an agreement between the Plaintiff and the Defendant to the effect that within three years the Defendant would reconvey the suit land in favour of the Plaintiff on receiving the sale price and accordingly the Defendant executed a registered Ekrarnama on 10 -3 -1962. Notwithstanding repeated demands the Defendant failed to reconvey the suit land. The Plaintiff tendered the consideration but the Defendant did not accept the same Hence the Plaintiff filed the suit for specific performance.
(2.) THE Defendant contested the suit on grounds inter alia that the Plaintiff never approached the Defendant and made no demand for reconveyance of the suit land and that the Plaintiff never tendered the consideration to the Defendant, but he deposited the amount in court only after the expiry of the time of the contract. Hence according to the Defendant, the Plaintiff was not entitled to any decree for specific performance. Several issues were framed on the pleadings of the parties and the learned trial court dismissed the suit holding that the Plaintiff made no tender of the consideration within time and his deposit in court was not valid in law.
(3.) AN appeal was preferred before Munsiff. The learned Subordinate Judge allowed the appeal, reversed the judgment and decree of the learned trial court and decreed the Plaintiff's suit. Hence this appeal by the Defendant.;

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