SUBHASH CHANDRA DEY AND ANOTHER Vs. MANGAL CHANDRA SARKAR
HIGH COURT OF GAUHATI
Subhash Chandra Dey And Another
Mangal Chandra Sarkar
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KALYAN RAI SURANA,J. -
(1.) Heard Mr. N. Das, the learned counsel appearing for the petitioners as well as Mr. A. Biswas, the learned counsel appearing for the respondent.
(2.) By this revision under Article 227 of the Constitution of India, the petitioners have challenged the order dated 09.12.2014, passed by the learned Civil Judge, Barpeta in Title Execution Case No. 9/2013, thereby rejecting the application filed by the petitioner under Section 151 CPC.
(3.) The petitioner No.1 herein is the defendant No.4 in TS 11/1998 and the petitioner No. 2 herein is the defendant No.3 in the said suit. The suit was instituted by the respondent herein, seeking specific performance of the contract. The following four prayers are made in the plaint:-
(a) That a decree be passed for a specific performance of contract by the defendants ordering the defendants to execute and register a sale deed transferring the suit land in favour of the plaintiff and for delivering khas possession of the suit land in favour of the plaintiff, and.
(b) That alternatively a decree be passed for the refund of the surplus amount of Rs.214602.00 which the defendants received from the plaintiff and further a sum of Rs.30,000/- be decreed in favour of the plaintiff and against the defendants and thus a total sum of Rs.240000.00 be decreed in favour of the plaintiff and against the defendants, and
(c) That the cost of the suit be decreed in favour of the plaintiff and against the defendants, and
(d) That any other relief or reliefs to which the plaintiff may be deemed to be entitled under the law and equity may also be decreed in favour of the plaintiff and against the defendants.;
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