| Citation(s) |
|---|
| 1994 SLG 1098 1994 SLD 1098 1994 KLR 31 |
Assam High Court
Civil Appeal No. 57 of 1991, 17th December, 1992
ABDUL MAJEED MALLICK, C.J.
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Civil Appeal No. 57 of 1991, 17th December, 1992
ABDUL MAJEED MALLICK, C.J.
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Muhammad Ayub
VS
Muhammad Gul Zareen
Law:
Section:
Keywords: Sale Deed, Provisions, Allotment, Conditions, Suit For Declaration, Execution Of Agreement, Allottee, Chairman, Receipt, Evidence, Onus Of Proof, Tenant, Payment, Rent, Order, Agreement To Sell, Cancellation, Subordinate Courts, Execution, Allotment Of Land, Question Of Fact, Costs, Omission, Suit For Specific Performance, Failure, Delivery, Fictitious, Dispute, Instrument Of Transfer, Land, Terms Of The Contract, Property, Contract, Defence, Dispossession, Registered, Examination, Possession, Terms And Conditions, Procedure, Immovable Property, Interference, Acquisition, Specific Performance, Transfer Of Property, Development Authority, Protection, Delivery Of Possession, Fraudulent, Disqualification, Letting Out, Petition, Testimony, Consideration, Proprietor ORDER ABDUL MAJEED MALLICK, CJ.- The second appeal is addressed against the order of the learned District Judge, Mirpur, passed on September 30, 1991, whereby judgment and decree passed by the learned Sub-Judge, Mirpur, on August 30, 1984, resulting in dismissal of the suit of the plaintiff-appellant, was upheld. 2. Muhammad Ayub brought a suit for declaration and possession in respect of plot No. 478, situate in Sector C-4, Mirpur city, by seeking cancellation of agreement to sell, executed on September 23, 1969, for its being fraudulent. It was averred that the plot in dispute was allotted to the plaintiff-appellant on August I6, 1966 and possession was passed on to him on February I6.1967. He secured proprietary rights from the Mirpur Development Authority through a registered sale deed executed on November 15, 1976. it was further averred that the defendants without due right and authority, forcibly occupied the house during the pendency of the suit, on April 17,1977. It was claimed that the agreement to sell, purported to have been executed by the plaintiff on September 23, 1969, was fake, fictitious and fraudulent. In support of the allegations of deceptive character of the document, it was averred that the number of the house where the plaintiff resided at the the of execution of agreement, was wrongly entered as 468. The caste of the plaintiff was also incorrect. Likewise, the size of…
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