RAM LAL DUTTA Vs. ARDHENDU SHEKHAR NASKAR

JUDGEMENT

(1.) This appeal arises but of a suit for specific performance of a contract to sell land. The suit had been brought by the purchaser and decreed by the trial court. The vendor having died shortly before the suit, his heirs had been made the Defendants and they are the Appellants before us.

(2.) The contract was made on November 13, 1937. By this contract the vendor covenanted as follows:

(3.) The land to be sold was permanently settled khas mahal land registered in the name of the vendor in the Collectorate and of which he was said to be in possession. There is a statement in the contract that the property was absolutely free from encumbrances and defects.