BIDYUT SARKAR Vs. KANCHILAL PAL

JUDGEMENT

(1.) These appeals, by defendant nos.2 and 3, have been filed assailing the correctness of the judgment and order dtd. 5/12/2008 whereby the Division Bench of Calcutta High Court allowed the First Appeal No.282 of 2006, titled Kanchilal Pal vs. Sashti Charan Banerjee and Others, and after setting aside the judgment of the Trial Court dismissing the suit of the respondent no.1, proceeded to decree the suit for specific performance of the contract in favour of plaintiff -respondent no.1. Hereinafter will deal with the parties as they have been referred in the Trial Court.

(2.) Relevant facts giving rise to the present appeals are as follows:

(3.) Defendant no.1 filed his written statement denying the plaint allegations. A separate written statement was filed by defendant nos.2 and 3. Defendant no.1 in his written statement stated that he had entered into an agreement to sell dtd. 10/3/1999 in favour of defendant nos.2 and 3 and had also executed a registered deed of conveyance on 3/5/1999 in favour of defendant nos.2 and 3 for valuable consideration received by him and, also handed over possession to them. Thereafter, a letter of atonement dtd. 18/5/1999 was served on the tenant of the premises in question on behalf of all the three defendants through their advocates which was duly received by them informing them about the transfer of title from defendant no.1 to defendant nos.2 and 3.