- (1.) This appeal has been preferred against the judgment and decree delivered by the learned Civil Judge, (Senior Division), 3rd Court, Alipore on 14th August, 2008 in Title Suit no. 10 of 2003 (decree being sealed and signed on 22nd August, 2008), by which the learned Trial Court while dismissing the prayer for specific performance of contract, decreed the alternative prayer of the appellant/plaintiff directing the respondent/defendant to return Rs. 1,85,000/- to the appellant/plaintiff by 31st December, 2008 with interest @ 6% per annum.
(2.) The case of the appellant/plaintiff in short is as follows: (a) The suit plot no. 484 appertained to khatian no. 177 of Mouza Kamdahari under Police Station Jadavpur within District 24-Parganas (South), measuring 14 cottahs 13 chittaks and 23 sq. ft. and an area measuring 14 cottahs 13 chittaks and 23 sq. ft. was obtained by the mother of the parties, Nanda Rani Chaudhuri, by two registered deeds of purchase dated 10.2.1956 and 11.1.1968. (b) Nanda Rani Chaudhuri thereafter transferred 5 cottahs 5 chittaks and 31 sq. ft. of the said property in favour of the appellant/plaintiff and 5 cottahs and 3 chittaks and 23 sq. ft. of land in favour of the respondent/defendant by two separate registered deeds both dated 27.4.1992. The remaining part of the said plot was settled amongst the parties by virtue of a family settlement dated 18.5.1992 by which they have been possessing the respective portions. (c) The appellant averred that the respondent on 11.8.2001 orally agreed to sell the suit property measuring 354.8 sq. ft. of land out of his 5 cottahs 3 chittaks 23 sq. ft. to the appellant at a consideration of Rs. 2,80,000/- and the appellant accordingly paid Rs. 1,85,000/- in five instalments to the respondent, but the respondent started delaying in executing the purported sale deed on different grounds. However at the intervention of the relatives, the respondent gave a written undertaking on 12.9.2001 to execute and register the purported sale deed in favour of the appellant, but with no result. (d) The appellant thereafter issued registered notice on 2.9.2002 accompanied by a draft deed of the purported conveyance but the respondent by letter dated 3.10.2002 refused to execute the sale deed. Last such approach of the appellant was on 10.2.2003 which too was refused.
(3.) Hence, is the suit.;