DATE OF FILING : 03.11.2015.
DATE OF S/R : 28.12.2015.
DATE OF FINAL ORDER : 03.03.2016.
1. Sri Bulloo Prasad,
2. Sri Sumit Prasad,
both complainant nos. 1 & 2 are sons of late Sitaram Prasad,
residents of flat no. ‘A’, 7, Jaya Bibi Road, Ghusuri, P.O. Ghusuri,
P.S. Malipanchghora, District Howrah,
PIN 711 107 and also of 41/42, Bhotbagan Lane, P.O. Ghusuri,
P.S. Malipanchghora, District Howrah,
PIN 711 107. …………………………………………………..COMPLAINANTS.
Sri Gopal Shaw @ Gopal Prasad Kalwar,
son of late Basdeo Shaw,
resident of 7, Jaya Bibi Road,
Ghusuri, P.S. Malipanchghora, District Howrah,
PIN 711107,
and of 4, Jaya Bibi Road, Ghusuri, P.S. Malipanchghora,
District Howrah,
PIN 711 107.…………………………………………………OPPOSITE PARTY.
P R E S E N T
Hon’ble President : Shri B. D. Nanda, M.A. ( double ), L.L.M., WBHJS.
Hon’ble Member : Smt. Jhumki Saha.
Hon’ble Member : Shri A.K. Pathak .
F I N A L O R D E R
- This is an application U/S 12 of the C.P. Act, 1986 filed by the petitioners, Bulloo Prosad and Sumit Prasad, against the o.p. Gopal Shaw alias Gopal Prasad Kalwar, praying for a direction upon the o.p. to execute and register the deed of conveyance in respect of the schedule mentioned flat measuring 680 sq. ft. in the 1st floor of G + 5 building situated in the 1st floor of G + 5 building which is situated at holding no. 7, Jaya Bibi Road, Ghusuri, P.S. Malipanchghora, Howrah.
- The case of the petitioners is that they purchased the schedule mentioned flat measuring 680 sq. ft. from the o.p. who developed the said property and constructed the multi storied building under the Howrah Municipality and paid the total consideration of Rs. 2,45,000/- as per the agreement for sale dated 07.07.2005 when the petitioners paid advance of Rs. 25,000/- on 18.7.2005. The o.p. handed over the possession of the flat to the petitioners but in spite of several requests did not execute and register the deed of conveyance in favour of them. They went on requesting the o.p. but he did not even pay head to the same and on 14.11.2011 they sent an advocate’s letter asking the o.p. to register when the o.p. ultimately on 13.10.2015 flatly refused and to execute the deed compelling the petitioner to file this case.
- The o.p. though served with notice did not file and appear in the case and thus the case is heard ex parte against the o.p.
- The only point whether the petitioner is entitled to get any relief as prayed for ?
DECISION WITH REASONS :
5. In support of his case the petitioners filed the money receipt as well as the agreement for sale dated 07.07.2015 by virtue of which they purchased the case mentioned flat at a consideration of Rs. 2,45,000/. In their affidavit in chief they submitted the same and the oral and documentary evidences went unchallenged and there is nothing to disbelieve the case of the petitioners and the limitation period is also extended in this case as the petitioners are in possession of the case mentioned flat.
In view of above discussion and findings, this Forum finds that the petitioners have succeeded in proving their case.
In the result, the claim case succeeds ex parte.
Court fee paid is correct.
Hence,
O R D E R E D
That the C. C. Case No. 366 of 2015 ( HDF 366 of 2015 ) be and the same is allowed ex parte with costs of Rs. 10,000/- against the o.p., who is directed to execute and register the deed of conveyance in favour of the petitioners within 30 days from the date of this order and also to pay compensation of Rs. 10,000/- which also be paid within 30 days failing the petitioners would be at liberty to put the order in execution and the amount would carry interest @ 9% per annum.
Supply the copies of the order to the parties, free of costs.
DICTATED & CORRECTED
BY ME.
( B. D. Nanda )
President, C.D.R.F., Howrah.
