REGENT COMPUTRONICS PVT. LTD.

CEEAN INTERNATIONAL PRIVATE LIMITED Appellant

V/S

ASHOK SURANA Respondents

Referred Judgements :-

TILLEY V. THOMAS [REFERRED TO]
KRISTNAMA CHARIAR V. MANGAMMAL [REFERRED TO]
SRISH V. BANOMALI [REFERRED TO]
GOVIND PRASAD CHATURVEDI V. HARI DUTT SHASTRI [REFERRED TO]
PARAKUNNAN VEETILL JOSEPH'S SON MATHEW V. NEDUMBARA KURUVILA'S SON [REFERRED TO]
GANESH SHET V. DR. C.S.G.K.SETTY AND ORS. [REFERRED TO]
MANIK CHANDRA BHOWMIK V. ABHOY CHARAN GOPE [REFERRED TO]
JAMSHED KOHDARAM IRANI V. BURJORJI DHUNJIBHAI [REFERRED TO]
LACHMESHWAR PRASAD SHUKUL V. KESHWAR LAL CHAUDHURI [REFERRED TO]
CHOWDHURY ROHINI KUMAR MULLICK V. STATE OF WEST BENGAL AND ANR. [REFERRED TO]
ARJUN SINGH VS. KARTAR SINGH [REFERRED TO]
RAM SARUP DALIP SINGH MEHAR SINGH DAYAL SINGH VS. MUNSHI:SUNDER SINGH:AJAIB SINGH:SURJAN SINGH [REFERRED TO]
K VENKATARAMIAH VS. A SEETHARAMA REDDY [REFERRED TO]
DAYAWATI VS. INDERJIT [REFERRED TO]
L C GOLAK NATH N KRISHNA BHATTA GODAVARI SUGAR MILLS MAHARASHTRA PRAGAT SHETKARI SANGH RAJGOPAL RAMDAYAL DOOT P RAMAKRISHNA MALLY SRINIVAS RAMDAYAL DOOT VS. STATE OF PUNJAB:STATE OF MYSORE :STATE OF MYSORE :STATE OF MYSORE [REFERRED TO]
MULA VS. GODHU [REFERRED TO]
R C CHANDIOK VS. CHUNI LAL SABHARWAL [REFERRED TO]
AMARJIT KAUR SMT TEJ KAUR BANTA SINGH KARAM CHAND RANJIT SINGH CHHANGA SINGH BAKSHISH SINGH HARBHAJAN SINGH VS. PRITAM SINGH:AJAIB SINGH:BACHAN SINGH:PARTAP SINGH:NARINJAN SINGH:MAGHAR SINGH:HARBANS SINGH:MOHAN SINGH [REFERRED TO]
SYED ABDUL KHADER VS. RAMI REDDY [REFERRED TO]
LAKSHMT NARAYAN GUTN VS. NTRANJAN MODAK [REFERRED TO]
SHIV CHANDER KAPOOR VS. AMAR BOSE [REFERRED TO]
CHAND RANI VS. KAMAL RANI [REFERRED TO]
JUGRAJ SINGH VS. LABH SINGH [REFERRED TO]
P R DEB AND ASSOCIATES SUNANDA ROY VS. SUNANDA ROY:P R DEB AND ASSOCIATES [REFERRED TO]
HIS HOUNESS ACHARYA SWAMI GANESH DASSJI VS. SITA RAM THAPAR [REFERRED TO]
K S VIDYANADAM VS. VAIRAVAN [REFERRED TO]
VIDHYADHAR VS. MANKIKRAO [REFERRED TO]
RAM AWADH VS. ACHHAIBAR DUBEY [REFERRED TO]
VIJAI NATH VS. DAMODAR DAS CHELA SHIV MANGAL DAS [REFERRED TO]
ASHALATA MITTER VS. AMIYA KUMAR DEY [REFERRED TO]
DAMODAR MUKHERJEE VS. BONWABILAL AGARWALLA [REFERRED TO]
A E G CARAPIET VS. A Y DERDERIAN [REFERRED TO]
SOBHARAM TIKARAM VS. RAJKUMAR MUNNALAL [REFERRED TO]
S V SANKARALINGA NADAR VS. P T S RATNASWAMI NADAR [REFERRED TO]
SELLAPPA CHETTY VS. MARAPPA GOUNDAR [REFERRED TO]
SAHIDA BIBI VS. SK GOLAM MUHAMMAD [REFERRED TO]

JUDGEMENT

(1.) Preliminary These appeals are directed against the judgment and decree dated 31st August 1999 passed by the learned Civil Judge, Senior Division, 8th Court, Alipore in a suit for specific performance of contract for sale being in Title Suit No. 33 of 1995. Against the said decree, defendant No. 1, vendor, has filed F.A. No. 14 of 2000, while the defendant No. 2, subsequent purchaser, has preferred F.A. No. 13 of 2000. Both these appeals, by consent of the parties, have been heard together. We propose to dispose of both the appeals involving common question of fact and law, by a common judgment.

(2.) Mr. Sudhis Dasgupta appearing with Mr. Bagchi and Mr. Sanjoy Jain, relying upon the various facts and materials on record contended that it was the liability of the plaintiff to redeem the share of the defendant No. 1 from the mortgage with LIC and also to purchase the property subject to the encumbrances referred to in the agreement. From the records, it was clear that the plaintiff was not ready and willing throughout to perform the essential part of the contract, which was to be performed by him.

(3.) Mr. S.P. Roychowdhury, learned counsel appearing on behalf of the defendant No. 1, being the appellant in F.A. No. 14 of 2000 had supported Mr. Dasgupta. He had led us through various clauses of the agreement and had pointed out to the absence of readiness and willingness on the part of the plaintiff. He had reiterated the contention of Mr. Dasgupta to the extent that the plaintiff had been insisting upon performance at variance of the contract. He had also relied on the same decisions on which Mr. Dasgupta had relied.

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CEEAN INTERNATIONAL PRIVATE LIMITED Vs. ASHOK SURANA

Referred Judgements :-

JUDGEMENT

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