MRINAL KANTI BANERJEE Vs. SANTI RANJAN KUNDU

JUDGEMENT

(1.) This revisional application is directed against an order no. 6 dated June 16, 2008 passed by the Civil Judge (Junior division), 2nd court, Howrah in Title Suit no. 91 of 2008 dismissing an application under Order 7 Rule 11 of the Code of Civil Procedure filed by the defendant/petitioner on contest.

(2.) The opposite party instituted Title Suit no. 91 of 2008 in the 2nd court, Civil Judge (Junior division), Howrah praying for a decree for enforcement of agreement dated February 20, 2008 and for declaration that the said agreement is valid and enforceable. Further prayer was made to the extent that the revocation of the power of attorney dated 7.4.2008 done by the opposite party is void and an injunction restraining the opposite party from transferring, assigning and/or entering into an agreement for development with any third party.

(3.) The said suit was filed on the basis that the petitioner is an absolute owner of premises of Shibtala Lane, Howrah and entered into an agreement on February 20, 2007 for development of the said premises. Pursuant to the said agreement the petitioner executed registered power of attorney in favour of the opposite party for such development. It is contended that in terms of the said agreement for development, substantial amount has been incurred by the opposite party.