GAUHATI HIGH COURT ISSUES ORDER ON RAJEEV GOSWAMI V/S SMT.SUDESNA KHOUND AND ANR

GUWAHATI, India, March 8 -- Gauhati High Court issued the following order on Feb. 5:

1. Heard Mr. N.C. Das, learned senior counsel appearing for the petitioner. Also heard Mr. P.J. Saikia, learned senior counsel representing the respondents.

2. This is an application under Section 115 of the Code of Civil Procedure and Article 227 of the Constitution of India challenging the judgment and decree dated 31.10.2019 passed by the learned District Judge, Dibrugarh in Title Appeal No.06/2017.

3. The petitioner Rajeev Goswami (hereinafter referred to as "the petitioner "only) is a tenant under the respondents in respect of a shop house measuring about 30' X 52' situated on a plot of land under Dag No.60, P.P. No.10 of Chiring Gaon Ward, Dibrugarh Town. The monthly rent was Rs. 500/-.

4. In the May, 1998, the petitioner and late Radhika Prasad Khound had entered into an agreement for sale of the plot of land measuring 30' X 52' = 1560 Sq.ft. covered by Dag No.60 and P.P. No.10 of Chiring Gaon Ward, Dibrugarh Town. The price of the land was agreed at Rs. 1,50,000/-.

5. It is alleged by the petitioner that before execution of the sale deed by late Radhika Prasad Khound, the latter had taken different sums of money from the former on different occasions and in this way, late Radhika Prasad Khound had taken an amount of Rs. 54,800/-.

6. On 23.12.2005, late Radhika Prasad Khound told the petitioner that he would not sell the land.

7. Narrating the aforesaid facts, the petitioner filed the suit before the court below praying for specific performance of the contract.

8. Late Radhika Prasad Khound and his wife Ira Khound contested the suit by filing a written statement and a counter claim.

9. They denied all the averments made by the petitioner in the plaint. Rather they claimed that the petitioner was a defaulter in payment of rent and therefore, he should be evicted from the suit premise.

10. The learned trial court dismissed the suit of the petitioner and decreed the counter claim of the respondents. The petitioner filed an appeal before the district Judge, Dibrugarh. The first appellate court dismissed the appeal.

*Rest of the document can be viewed at: (https://hcservices.ecourts.gov.in/ecourtindiaHC/cases/display_pdf.php?filename=%2FE3WiyNUWFIaR1oBGE62WmXSvgFjj8qbOu8D4slTSXQ2eF9rQu9KCQs9LTYUgs6k&caseno=CRP/181/2019&cCode=1&cino=GAHC010313362019&state_code=6&appFlag=)

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