- (1.) The petitioner has assailed the order No. 18 dated April 4, 2014 passed by learned Civil Judge (Junior Division), 1st Court, Alipore in Title Suit No. 453 of 2013 by which the application under Order 7 Rule 11 of the Code of Civil Procedure is rejected.
(2.) The opposite party No. 1 filed a suit for declaration that the agreement dated December 2, 2002 executed by the opposite party No. 2 in his favour is legal, valid and binding upon the parties with additional prayer that the purported registered sale deed No. 3206 is invalid, illegal and void ab initio.
(3.) It is averred in the plaint of the said suit that the opposite party No. 2 being the admitted owner of part and parcel of land measuring 9 cottahs and odd comprised in R.S. Dag No. 414, R.S. Khatian No. 217, Mouza- Nonadanga, J.L. No. 10, Touzi No. 1298/2833 in Ward No. 107 of Police Station, Kasba, agreed to sale, transfer and convey the said property unto and in favour of the opposite party No. 1 at a consideration of Rs. 3 lakhs per cottahs. The terms and conditions were reduced in writing in the form of an agreement dated December 2, 2002 and it is further recorded therein that a sum of Rs. 1,25,000/- was received as a by way of an earnest money. It is further averred that another sum of Rs. 55,000/- was paid to the said admitted owner who subsequently delivered the possession of the said property. The opposite party No. 1 claimed to have received the possession in the year 2005 and erected a boundary wall by spending a further sum of Rs. 80,000/- and is in exclusive possession thereof. It can further be noticed from the statements made in the plaint that a notice was published on 27th May, 2007 at the instance of the opposite party No. 1 in the newspaper signifying the existence and continuance of the said agreement. The said notice came to be published for avoidance of the opposite party No. 2 in execution of the sale deed. The opposite party No. 2 subsequently sold, transferred and conveyed the said property by executing a sale deed No. 3206 on 9th October, 2012 which was also registered with the Additional Sub Registrar, Sealdah on the same date.;