LAWS(CAL)-2011-9-76

KHEM CHAND DHINGRA Vs. PRABIR ROY CHOWDHURY

Decided On September 28, 2011
KHEM CHAND DHINGRA Appellant
V/S
PRABIR ROY CHOWDHURY Respondents

JUDGEMENT

(1.) TWO applications being GA no. 2238 of 2007 and 2239 of 2007 are assigned to me. One application being GA no. 2238 of 2007 is filed by one Santosh Kr. Agarwal, added defendant no 2 in the original suit being C.S No. 486 of 1991 seeking for following reliefs :

(2.) SINCE the adjudication made in anyone of the aforesaid application shall have bearing upon the other. I decide to take up both the applications simultaneously.

(3.) SINCE the plaintiff did not perform his part of an obligation the said Khemchand Dhingra as plaintiff no. 1 along with the said Toonbarrie Tea Estate as plaintiff no. 2 filed a suit being C.S 486 of 1991 in the Original Side of this court for a decree for specific performance of the said agreement dated 12th March 1988 with following payers :