SUNIL KRISHNA GHOSH Vs. CALCUTTA IMPROVEMENT TRUST

JUDGEMENT

(1.) This is a suit for, in substance, specific performance of an agreement for sale of three plots of land being plot No. 27 of premises No. 6 Nayan Krishna Saha Lane, plot No. 40 out of premises No. 29 Durga Charan Mukherjee Street and plot No. 25 out of premises No. 6 Nayan Krishna Lane. The aforesaid three plots of land are measuring about 6 Katthas 15 Chataks, 2 Katthas 14 Chataks and 6 Kathas 7 Chataks respectively hereinafter referred to as the suit properties.

(2.) One Mr. Asit Kumar Ghosh since deceased was offered by the defendant for purchase of the said three plots of land in terms of Section 81 of the Calcutta Improvement Act, 1911 as the original offeree was the previous owner of the aforesaid plots of land which were previously acquired by the Calcutta Improvement Trust. There is no dispute to the aforesaid fact that the original offeree can exercise his statutorily pre-emptive right enshrined in Calcutta Improvement Act, 1911 (hereinafter to as the said Act). There is no dispute that the full consideration has been paid long ago.

(3.) The original plaintiff namely Pallav Kumar Banerjee, since deceased, and the present two plaintiffs filed the aforesaid suit in the capacity of the Joint Executors in terms of the last Will dated 28th August, 1994 made and published by the said Asit Kumar Ghosh since deceased. The probate has been obtained by the executors being Ext. E. During the pendency of the suit, the original plaintiff No. 1, Pallav Kumar Banerji, died. The other two surviving executors are now continuing with this action. The defendant has entered appearance and filed written statement. The suit is being tried on the following issues :-