Page No.# 1/3 vs Arabinda Sarma Sidhanta
2021 Latest Caselaw 1768 Gua

                                                                   Page No.# 1/3

GAHC010005962019




                       THE GAUHATI HIGH COURT
  (HIGH COURT OF ASSAM, NAGALAND, MIZORAM AND ARUNACHAL PRADESH)

                            Case No. : RSA/18/2021

         KAUSHAN ALI @TUNA AND 6 ORS.
         S/O- LATE AKKAS ALI, R/O- RAJAMOIDAM NEW COLONY, P.O., P.S. AND
         DIST.- JORHAT.

         2: ABU BASAR ALI @ MUNNA
          S/O- LATE AKKAS ALI
          R/O- RAJAMOIDAM NEW COLONY
          P.O.
          P.S. AND DIST.- JORHAT.

         3: AKSHAR ALI @ SUBED
          S/O- LATE AKKAS ALI
          R/O- RAJAMOIDAM NEW COLONY
          P.O.
          P.S. AND DIST.- JORHAT.

         4: SMTI. AFUZA BEGUM
          D/O- LATE AKKAS ALI
          R/O- RAJAMOIDAM NEW COLONY
          P.O.
          P.S. AND DIST.- JORHAT.

         5: SMTI. MEROZA BEGUM
          D/O- LATE AKKAS ALI
          R/O- RAJAMOIDAM NEW COLONY
          P.O.
          P.S. AND DIST.- JORHAT.

         6: SMTI. MOFIZA BEGUM
          D/O- LATE AKKAS ALI
          R/O- RAJAMOIDAM NEW COLONY
          P.O.
          P.S. AND DIST.- JORHAT.
                                                                          Page No.# 2/3

            7: SMTI. AZIZA BEGUM
             D/O- LATE AKKAS ALI
             R/O- RAJAMOIDAM NEW COLONY
             P.O.
             P.S. AND DIST.- JORHAT

            VERSUS

            ARABINDA SARMA SIDHANTA
            S/O- LATE BINANDA CH. SARMA SIDHANTA, C/O- SMTI. USHA RANI
            BHATTACHARYYA, R/O- RAJAMOIDAM NEW COLONY, JORHAT TOWN,
            WARD NO. 1, JORHAT AT PRESENT R/O- MILANPUR ROAD,
            BAMUNIMAIDAM, GUWAHATI- 781021, DIST.- KAMRUP.



Advocate for the Petitioner   : MR. P K ROY

Advocate for the Respondent :




                                   BEFORE
                  HONOURABLE MR. JUSTICE PARTHIVJYOTI SAIKIA

                                          ORDER

Date : --04.08.2021

Heard Mr. P.K. Roy, learned counsel appearing for the appellant. This is an appeal u/s 100 of the CPC.

The appeal is admitted for hearing upon the following three substantial question of law:

1. Whether the judgment and decree passed by the learned First Appellate court, by holding that plaintiff did not approach the defendant for fixation of sale consideration on the prevailing market rate, in respect of the suit land on the basis of exhibit 2 agreement, suffers from misreading of the said exhibit 2 document as well as the provision of Section 16(c) of the Specific Relief Act, 1963.

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2. Whether the finding of the Learned First Appellate Court that the plaintiff never made any statement either in his plaint or in his affidavit that he was ready and willing to purchase the suit land, is perverse.

3. Whether, when time being not the essence of contract, the plaintiff's suit for specific performance of contract, could have been dismissed, when the plaintiff-appellant, in clear and explicit term, expressed his readiness and willingness to purchase the sit land at the rate of Rs. 1,20,000/- per katha, offered by the defendant- respondent during hearing of the application under order 21 Rule 97 CPC in T. Ex. No. 4 of 2000 and CRP No. 123 of 2002.

Issue notice to the respondent.

The appellant shall take steps for service of notice upon the respondent by registered post with A/D as well as by usual process.

Call for the LCR.

List the matter after six weeks on a date to be fixed by the Registry.

JUDGE

Comparing Assistant