Sameswar Brahma vs Fwisali Narzary And Anr
2024 Latest Caselaw 5896 Gua

Gauhati High Court

Sameswar Brahma vs Fwisali Narzary And Anr on 14 August, 2024

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GAHC010104232024




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

                                  Case No. : RSA/146/2024


            SAMESWAR BRAHMA
            S/O LATE ARA CHARAN BRAHMA,
            RESIDENT OF VILAGE BHATARMARI,
            KOKRAJHAR, BTR, ASSAM



            VERSUS

            FWISALI NARZARY AND ANR
            W/O LATE RAJU NARZARY,
            RESIDENT OF VILLAGE NO. 2 BUJULIBARI,
            PS CHANDRAPARA,
            PS AND DIST KOKRAJHAR, BTR, ASSAM


            2:SRI DIDWM NARZARY

             S/O LATE RAJU NARZARY

            RESIDENT OF VILLAGE NO. 2 BUJULIBARI
            PS CHANDRAPARA
            PS AND DIST KOKRAJHAR
            BTR
            ASSA


Advocate for the Petitioner   : MR. B J MUKHERJEE, MS R SAHA,MR. H BURAGOHAIN

Advocate for the Respondent : ,
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                                    BEFORE
                       HON'BLE MR. JUSTICE ROBIN PHUKAN

                                           ORDER

14.08.2024

Heard Mr. B.J. Mukherjee, learned counsel for the appellant.

This appeal under Section 100 of the Code of Civil Procedure is directed against the judgment and decree dated 11.03.2024 in Title Appeal No.07/2023, passed by the learned Civil Judge (Senior Division), Kokrajhar. It is to be noted here that vide impugned judgment and decree dated 11.03.2024, the learned Civil Judge (Senior Division), Kokrajhar, had dismissed the appeal and uphold the judgment and decree dated 03.06.2023, passed by the learned Civil Judge (Junior Division), Kokrajhar, in Title Suit No.09/2021.

Perused the memo of appeal and the grounds mentioned therein.

This appeal is admitted for hearing on the following substantial questions of law:-

(i) Whether the learned First Appellate Court and also the learned Trial Court are justified in denying the decree of specific performance of contract, even when the execution of the document and payment of consideration are proved and all the ingredients of Section 10 of the Indian Contract Act are satisfied with?

(ii) Whether the findings so recorded by the learned First Appellate Court and the learned Trial Court are sustainable in view of the provision of Section 53A of the Transfer of Property Act, 1882?

(iii) Whether the learned First Appellate Court erred in law, in denying the relief of refund of the advance consideration due to lack of pleading even when the Court itself held that the payment of the amount is proved?

Let notice be issued to the respondents, returnable within 4(four) weeks.

Step be taken by registered post with A/D and also by usual process within a week Page No.# 3/3

from today.

Registry shall call for the record from the learned First Appellate Court and also from the Court of learned Civil Judge (Junior Division), Kokrajhar.

List after 4(four) weeks.

Sd/- Robin Phukan JUDGE

Comparing Assistant