RAMASHANKAR PODDAR Vs. PRABHAT KUMAR GUPTA

JUDGEMENT

(1.) The facts involved in this application as appear from the petition inter alia are that the Petitioners Nos. 1 to 4 and the Respondents Nos. 5 and 6 entered into an agreement for sale of the suit property with the Respondents Nos. 1 to 4 dated February 20, 19S7, at Nos. 2 and 3, Kiran Shankar Roy Road, Calcutta, within the jurisdiction of this Court. Under the said agreement the Petitioners Nos. 1 to 4 and the Respondents Nos. 5 and 6 agreed to sell the property at a price of Rs. 12,00,000 on the terms and conditions mentioned in the agreement for sale dated February 20, 1987. It was also agreed by and between the parties to the said agreement^ that the Petitioners Nos. 1 to 4 and the Defendants Nos. 5 and 6 shall pay the said sum of Rs. 1,00,000 on account of earnest money and/or part payment of the consideration money as also the balance amount of the said consideration money to the Respondents Nos. 1 to 4 at their residence at No. 444, Rabindra Sarani, Calcutta, and the said sum of Rs. 1,00,000 was paid by the Petitioners and the Respondents Nos. 5 and 6 to the Respondents Nos. 1 to 4 in terms of and pursuant to the said agreement for sale at the said place within the jurisdiction of this Court.

(2.) Subsequently, however, in course of investigation of title of the Respondents Nos. 1 to 4 in respect of the said properly it transpired that a substantial part of the said property had already been subjected to acquisition proceeding initiated by or on behalf of the State of Uttar Pradesh for utilisation by the Uttar Pradesh Housing and Development Board. The Petitioners Nos. t to 4 and/or the Respondents Nos. 5 and 6 took or caused to be taken all necessary steps on behalf of the Respondents Nos. 1 to 4 for obtaining the require release orders from the concerned authorities for getting affected part of the said property released from acquisition proceeding.

(3.) On or about November 18, 1987, the Respondent No. 6 nominated in writing one Lalji Gupta as his nominee for the purchase of the said property in question. The said Lalji Gupta died intestate on or about July 4, 1988, leaving him surviving Petitioners Nos. 4 to 10 as his legal heirs and representatives under the provisions of Hindu Succession Act, 1956. The Petitioners Nos. 4 to 7 are the sons, the Petitioner No. 8 the sole widow and the Petitioners Nos. 9 and 10 are the married daughters of the said Lalji Gupta.