JULIEN EDUCATIONAL TRUST Vs. SOURENDRA KUMAR ROY

JUDGEMENT

(1.) Leave granted.

(2.) The appellant herein,. Julien Educational Trust, claims to be a benevolent trust created by a registered Deed of Trust dated 30.07.1970 for the purpose of encouraging education and other allied activities. It claims to be registered under Section 12A of the Income Tax Act, 1961, and has its registered office at 35E, Elgin Road, P.S. Bhowanipore, Kolkata-700020. The appellant runs a reputed school, known as Julien Day School, at premises No. 4, Umananda Road and 35E, Elgin Road, P.S. Bhowanipore, Kolkata-700020, which are two adjacent premises. The respondents are the joint owners of 15 Cottahs 8 Chittaks 29 square feet of land, including a three-storied old dilapidated structure and garage and outhouses constructed thereon, being premises No. 3/1, Heysham Road, Police Station Bhowanipore, Kolkata.

(3.) Since the said land was adjacent to the school premises, the appellant Trust was interested in purchasing the same for the purpose of expansion of the school. Pursuant thereto, the appellant Trust entered into negotiations with the Respondents for purchase of the property, which was orally accepted by the Respondents jointly and severally and the parties agreed that the sale transactions would be completed in the following manner: