ERA BANTHIA Vs. SHIVSONS

JUDGEMENT

(1.) In a suit for specific performance of an agreement for sale in respect of an immovable property, the plaintiff has sought interim protection of injunction against the defendants.

(2.) Learned advocate appearing for the plaintiff has submitted that, the defendant No.1 is a partnership firm and the defendant Nos. 2 and 3 are the partners thereof. The plaintiff had become interested in purchasing an immovable property owned by the defendant No. 1. The plaintiff and defendants Nos. 1 to 3 had held negotiations and discussions with regard thereto. In such discussions, the defendant Nos. 1 to 3 had informed the plaintiff that the defendant Nos. 1 to 3 had taken a loan against property from Hinduja Leyland Finance Ltd. The defendant No. 4 had been inducted as a lesee in respect of such immovable property by virtue of a lease agreement dated August 20, 2016. The defendant Nos. 1 to 3 did not enter into any other agreements in respect of such immovable property.

(3.) Learned advocate appearing for the plaintiff has submitted that, the plaintiff had agreed to purchase the immovable property for a total consideration of Rupees 90 lakhs. The plaintiff and the defendant Nos. 1 to 3 had entered into an agreement for sale in respect of the immovable property on March 5, 2019. The plaintiff had paid a sum of Rupees 5 lakhs to the defendant No. 1 by a cheque dated March 5, 2019 as part consideration. He has submitted that, the plaintiff and defendant Nos. 1 to 3 had agreed that, the conveyance will be executed and registered by April 15, 2019. Acting on the basis of the agreement for sale, the plaintiff, at the instance of the defendant Nos. 1 to 3 had paid a sum of Rs. 45,23,282/- to Hinduja Leyland Finance Ltd. Such payment had been made by a cheque dated March 28, 2019. He has contended that, despite the plaintiff taking steps in terms of the agreement for sale, the defendant Nos. 1 to 3 had failed and neglected to have the Kolkata Municipal Corporation tax assessed to comply with the agreement for sale dated March 5, 2019. He has submitted that, the plaintiff had paid a sum of Rs. 50, 333/- as tax deducted at source. Consequently, the plaintiff had paid an aggregate sum of Rs. 50,73,5152/- as part payment of the consideration in terms of the agreement for sale.