R.P.Mookerjee, J. - (1.) This is an appeal on behalf of the J.-D. against an order passed by the Additional Subordinate Judge, Burdwan dismissing an objection filed under Section 47, Civil P. C.
(2.) The plff.-respondent had brought a suit for specific performance of a contract against the defts. The suit was decreed on 21-2-1948 in the following terms: Claim for "Properties mentioned in the Schedule below belonged to one Raman Dhara & defts. became owners of the same after the death of said Raman Dbara Defts. on different dates took Rs. 600 as earnest money from the plff. & executed a bainanama in favour of the plff. & promised to sell those properties to plff. by executing & registering s sale deed. A deed of sale was dratted on proper stamps on the advice of the deft. 1, But as defts. subsequently refused to execute & register the said deed, plff's claims are for a decree of specific performance of contract in respect of the said deed against the deft. & on deft, fail- ing to execute & register the deed within the same limit prescribed by the Court to have the deed executed & registered by the Court & to have coats of this suit from the defts. & if claim of specific performance of contract be refused to the Court then to have tbe amount of money raid by the defts. with interest. Claims valued for Rs 9024 Rupees nine thousand twenty four only. (Schedule omitted) This suit coming on this day for final disposal before Sreejut Jyotindra Mohan Bir Sub-Judge in the presence of Babu Haradas Banerjee, pleader for plff. & of Babu Durga Pada Choudhury pleader for the deft. It is ordered & decreed that the suit be decreed on contest with cost?. Deft, do execute & register the sale deed Ex. 3 within one month from today upon plff's. depositing in Court, the sum of Rs. 2998-less costs of the present suit awarded in plff's favour in defenoe the plff. may have valid & proper kobala through Court & that the sum of Rs. 1071 4-9 paid by the deft, to the plff. on account of the costs of this suit."
(3.) A Her the decree had been passed, a joint application was filed on behalf of the plff. & deft, l (deft. 2 having died in the meantime leaving deft, l as the sole legal representative) stating inter alia that the deft. intended to have the document registered & that he "amicably gives up khas possession from this day to the properties sold out" & the plff. also "amicably paid to the deft, the balance of the consideration money getting the kobala duly executed & registered in respect of property included in Ex. 3 & getting khas possession this day of the property sold." The prayer was in the following terms: "It is accordingly prayed that in tbe aforesaid circumstances a proper order, may be passed directing due execution & registration of the said deed on the deft's acknowledging receipt of the balance of the consideration money & for granting khas possession to the plff." The document was accordingly returned on a joint receipt by the lawyers of both the parties.;