BELA DEBI Vs. BON BEHARY ROY

JUDGEMENT

(1.) This is an application for an order that the schedule to the plaint in the suit, and the consent decree dated 5-6-1939, and also of the agreement dated 1-12-1933, be corrected, and/or amended, by inserting the correct schedule as mentioned in para. 20 of the petition. There is also a prayer that the Registrar be directed to appoint a Surveyor to survey the premises No. 69/l, Cossipore Road, Calcutta, after amendment and that he should be further directed to execute the conveyance in accordance with the correct schedule.

(2.) The facts are briefly as follows:

(3.) The defendant Bon Behari Roy is the owner of certain plots of land situated on the Cossipore-Road. On or about 1-12-1933, Roy executed an agreement for sale in favour of one Chandrika Prasad Gupta, in respeet of the plots of land which had been described in the agreement for sale in the following matter: