SANWARMAL GOENKA Vs. SOUMYENDRA CHANDRA GOOPTU

JUDGEMENT

(1.) This is an appeal from the judgment and order dated 19th February, 1970 passed by Mrs. Khastgir, J.; whereby the learned Judge dismissed the application for injunction of the appellant and directed him to pay the costs thereof.

(2.) The facts relevant for the purpose of this appeal are that the respondent Gooptu gave a letter to the broker, one B.C. Baid, in connection with the sale of promises No. 11, Rowdon Street, Calcutta of which admittedly he was a part owner. The said letter read as follows :

(3.) By letter dated January 1, 1979 written by Messrs. T. Banerji & Co., Advocates and addressed to the respondent Gooptu the said advocates intimated Gooptu that one of their clients had instructed them to accept the said offer and the said client was agreeable to purchase the said property at the price mentioned in Gooptu's letter. The said letter of the said Advocates read as follows :