Mahadeb Sarkar vs Mantulal Sarkar
2022 Latest Caselaw 2100 Cal

11.
      19-04-2022                          FAT 284 of 2019
                                CAN 1 of 2019 (old CAN 7960 of 2019)
sg
        Ct. 8

                                            Mahadeb Sarkar
                                                 Versus
                                            Mantulal Sarkar


                          Mr. Gour Baran Sen, Adv.
                                                        ...for the appellant/petitioner



                          The deficit court fees deposited beyond time is accepted.

                          The appellant entered into an agreement for sale with the

                   respondent in relation to the property as described in the schedule

of the agreement.

The learned Trial Court disposed of the suit for specific

performance by granting damages but refused to direct the

respondent to execute the deed of sale in favour of the plaintiff on

the ground that there is no information regarding latest position

and existence of land.

In view of the clear finding of the Trial Court that the

agreement for sale is duly stamped and registered and the plaintiff

had paid part consideration amount and was able to prove his

readiness and willingness to perform the rest of his obligations,

we are of the prima facie opinion that the judgment of the learned

Trial Court is erroneous and contrary to law.

Accordingly, there shall be stay of operation of the

impugned judgment and decree dated 19th December, 2018 passed

by the learned Civil Judge (Senior Division), 2nd Court, Malda for

a period of eight weeks from date.

The petitioner is directed to serve a copy of this

application upon the respondent within one week from date by

speed post with acknowledgment due with an intimation that the

stay petition shall be listed for further consideration on 16th May,

2022.

The department is directed to bring the LCR within three

weeks from date.

The appellant is directed to deposit the Special Messenger

costs to bring the LCR within one week from date.

The department is also directed to produce the LCR before

this Court on or before 16th May, 2022.

An affidavit of service shall be filed on the adjourned date.

The plaintiff is directed to produce the latest record of

rights in respect of the scheduled property and also latest

searching slip in connection with the suit property on the

adjourned date.

Let this matter be listed on 16th May, 2022.

(Ajoy Kumar Mukherjee, J.) (Soumen Sen, J.)