ALOKMOY BANERJEE & ORS. Vs. CHATTURANAN GHOSH & ANR.
LAWS(CAL)-1979-6-37
HIGH COURT OF CALCUTTA
Decided on June 11,1979

Alokmoy Banerjee And Ors. Appellant
VERSUS
Chatturanan Ghosh And Anr. Respondents

JUDGEMENT

D.C. Chakravorti, J. - (1.) This appeal is from the judgment and decree passed by the learned Additional Subordinate Judge at Burdwan reversing those of the learned Munsif passed in a suit for recovery of a sum of rupees one thousand being, according to the plaintiff appellant, the unpaid consideration money in respect of a sale of land effected by a kobala (Ext A).
(2.) The plaintiff-appellant brought the present suit for recovery of rupees one thousand on the following allegations :
(3.) The plaintiff executed the kobala (Ext. A) without receiving the consideration money. The circumstances in which, according to the plaintiff, the Kobala (Ext. A) was executed without plaintiff receiving the consideration money are that after the kobala was written out and made ready for execution and registration one of the defendants who was present at the Registration Office gave out for the first time that he could not procure the consideration money and requested the plaintiff to execute and get registered the kobala (Ext A) on the defendants undertaking to pay the consideration money within 2 or 3 days and that Sadananda who was a relation of defendant No. 2 also requested the plaintiff to execute and get registered the kobala on the understanding that defendants would pay the consideration money within 2 or 3 days.;


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