ALLIED ENTERPRISES Vs. REKHA BASU

JUDGEMENT

(1.) The instant appeal is directed against a judgment and decree dated 8th May, 2014 passed by the Learned Civil Judge, Senior Division, 1st Court, Barasat in Title Suit No. 269 of 1999.

(2.) A suit for specific performance of a contract for sale of the immovable property, as described in Schedule A to the plaint, was instituted by the appellant against the respondent in the Trial Court. It is specifically stated in the plaint that by virtue of an agreement dated 12th August, 1996, the defendants agreed to sale the said property at a total consideration of Rs. 13,16,000/- and a sum of Rs. 8,00,000/- was advanced to them as earnest money. It is further stated that the defendants agreed to sell the said property at Rs. 20,000/- per cottah and since the property also comprised of a tank, a fixed price of Rs. 1,00,000/- was agreed upon. The earnest money of Rs. 8,00,000/- was paid partly in cash and partly by cheque. It is the specific case of the plaintiff/appellant that a sum of Rs. 4,00,000/- was paid by three account payee cheques in favour of the respondent nos. 1, 2 and 3 and the break-up given was that a cheque for Rs.1,00,000/- was issued to the respondent no.1, a cheque for Rs. 1,00,000/- was issued in favour of the respondent no.2 and a cheque for Rs.2,00,000/- was issued in favour of the respondent no.3 . The remaining amount of Rs.4,00,000/- was paid in cash which was duly acknowledged by issuing receipts.

(3.) It is further stated that the defendants previously sold a piece and parcel of land measuring 2 bighas and 2 cottahs to the plaintiff/appellant by executing and registering a deed of sale on 9th October, 1994, which is almost 40% of the total land owned by them. According to the plaintiff/appellant, though no formal deed of agreement was entered into but it would be evident from the conduct of the defendants and also from the money receipts executed in its favour that, a conclusive contract was entered into and therefore, the plaintiff is entitled to specific performance of such contract. It is expressly stated in the plaint that the entire property is a part of the property which was already sold to the plaintiff/appellant and he was in occupation as tenant upon payment of rent at Rs.3,000/- per month and the plaintiff was all along paying the municipal rates and taxes applicable thereto.