SATYABRATA GHOSE Vs. MUGNEERAM BANGUR AND CO

JUDGEMENT

(1.) The facts giving rise to this appeal are, for the most part, uncontroverted and the dispute between the parties centres round the short point as to whether a contract for sale of land to which this litigation relates was discharged and came to an end by reason of certain supervening circumstanes which affected the performance of a material part of it.

(2.) To appreciate the merits of the controversy, it will be necessary togive a brief narrative of the material facts. The defendant company, which is the main respondent in this appeal, is the owner of a large tract of land situated in the vicinity of the Dhakuria Lakes within Greater Calcutta. The company started a scheme for development of this land for residential purposes which was described as Lake Colony Scheme No. 1 and in furtherance fo the scheme the entire area was divided into large number of plots for the sale which offers were invited from intending purchasers.

(3.) On November 30, 1941 the plaintiff appellant was made a nominee by the purchaser for purposes of the contract and although he brought the present suit in the character of a nominee, it has been held by the trial Judge as well as by the lower appellate court that he was really an assignee of Bejoy Krishna Roy in respect to the latter's rights under the contract. Some time before this date, there was an order passed by the Collector 24-Paraganas, on 12th of November 1941, under Rule 79 of the Defence of India Rules on the strength of which a portion of the land covered by the scheme was requisitioned for military purposes.