MAA SARADA AND CO REP BY ITS POWER OF ATTORNEY HOLDER Vs. SAHIDUL HOQUE
HIGH COURT OF GAUHATI
Maa Sarada And Co Rep By Its Power Of Attorney Holder
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Arup Kumar Goswami,J . -
(1.) Heard Mr. S. Murarka, learned counsel appearing for the petitioner. Also heard Mr. R. De, learned counsel appearing for the respondent.
(2.) This application under Article 227 of the Constitution of India read with Section 151 CPC is filed by the petitioner challenging the order dated 04.05.2016, passed by the learned Munsiff No. 1, Dhubri, in Title Suit No. 28/2015, rejecting an application filed under Order VII Rule 11 CPC.
(3.) The plaintiff/respondent filed a suit in the court of the learned Munsiff No. 1, Dhubri, wherein the same was registered as T.S. No. 28/2015. The suit was for declaration of specific performance of contract and for permanent injunction. In the suit, the following prayers were made by the plaintiff:
(a) For a decree of specific performance of contract directing the defendant to receive the outstanding amount of Rs. 1,40,700/- (one lakh forty thousand seven hundred only) from the plaintiff under the hire-Purchase Agreement dated 18.03.2011 executed by and between the plaintiff and the defendant.
(b) For a decree directing the defendant to issue a Loan Clearance Certificate to the plaintiff after receiving the outstanding amount of Rs. 1,40,700/- (one lakh forty thousand seven hundred only) from the plaintiff.
(c) A perpetual injunction be awarded restraining the defendant from taking over the possession of the said truck of the plaintiff.
(d) For a declaration that the Hire-Purchase Agreement shown to be executed by the plaintiff on 03.04.2014 is manufactured/fabricated one and the same is null and void in the eye of law.
(e) For a further declaration that the defendant is not entitled to recover and realize Rs. 5,15,373/- or any amount from the plaintiff under the fake Hire-Purchase Agreement dated 03.04.2014.
(f) Cost of the suit and any other relief to which the plaintiff is entitled under law and equity.";
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