GUWAHATI, India, Nov. 12 -- Gauhati High Court issued the following order on Oct. 12:

1. Heard Mr. A. Ikbal, learned counsel for the appellant and Mr. S. K. Ghosh, learned counsel for the respondent.

2. This Regular First Appeal is directed against the Judgment and Decree, dated 29.05.2023, passed by the learned Civil Judge, Chirang, in Title Suit No. 47/2019.

3. It is to be noted here that vide impugned Judgment and Decree, dated 29.05.2023, the learned Civil Judge, Chirang (Trial Court, for short) has decreed the suit in favour of the plaintiff/respondent herein, with the following directions -

(i) The plaintiff is to deposit the balance amount of consideration of Rs. 18,00,000/- only in the Court, within 90 days from the date of judgment.

(ii) The defendant thereafter executes the registered Sale deed within 15 days from the date of deposit of the money by the plaintiff in the Court.

(iii) The defendant shall hand over possession of the suit land to the plaintiff after receipt of the balance consideration money as agreed earlier by both the parties.

4. For the sake of convenience and in order to avoid confusion, the status of the parties, as reflected in the Title Suit; is attached herein.

5. The background facts, leading to filing of the present appeal, are briefly stated as under -

"The defendant, in Title Suit No. 47/2019, is the owner and possessor of a plot of land, measuring 01 Bigha, 02 Katha, 10 Lechas, covered by Dag No. 70, of Myadi Patta No. 27, situated in village-Baikhungaon, under the Sidli Revenue Circle, P.S.- Dhaligaon, Dist-Chirang (BTAD), which is the subject matter of the present suit. With a view to sell the abovementioned plot of land, the defendant approached the plaintiff, sometime in the month of October, 2014, on account of his necessity of funds. The plaintiff then agreed to purchase the land and after discussion and mutual talks, the sale consideration was fixed @ Rs. 33,00,000/- and the plaintiff agreed to pay the same.

Thereafter, one 'Baina Patra' was executed by the plaintiff and the defendant on 03.11.2014, wherein, the plaintiff had paid the defendant an advance of Rs. 5,00,000/- in cash and wherein, both the defendant and the plaintiff, along with the witnesses; had put their signatures.

Thereafter, on 27.01.2015, the plaintiff and the defendant again entered into one Deed of Mutual Agreement, which was notarized on 27.01.2015; for selling of the schedule suit land and as per the terms and conditions of the said Deed of Mutual Agreement, a sum of Rs. 10,00,000/- was paid in cash by the plaintiff to the defendant on the same date and he received the acknowledgment for the same; and the defendant had put his signature in the Deed of Mutual Agreement in presence of witnesses and the defendant had acknowledged the receipt of total advance payment of a sum of Rs. 15,00,000/- from the plaintiff.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=tuqye3PhFs%2BBDn75ghiOpATQz4fWZs%2FrlfBncT4FMDbr1JYPsHNwL7KaaauQdaUX&caseno=RFA/35/2023&cCode=1&cino=GAHC010177712023&state_code=6&appFlag=)

Disclaimer: Curated by HT Syndication.