GOPA ROY Vs. DR. GOBINDA DEBNATH

JUDGEMENT

(1.) A long drawn battle is settled, of course, with the active cooperation and assistance of the learned Counsel appearing for the parties.

(2.) Dispute narrows down to a flat of 800 sq. ft. and odd in an old three storied building in Kasba area. In 1994 the parties agreed that the appellant would sell and the respondent would purchase the flat at a sum of Rs. 5 lacs. It was alleged that the respondent paid a sum of Rs. 2.6 lacs that, however, did not reach the appellant as claimed by her. She denied of any conclusive agreement on the sale of the flat. She, however, admitted that there were some negotiations, which did not materialize. The Court below granted a decree of Specific Performance for the said sum as we find from the judgment and decree appearing at pages 102 to 128 of the paper book. The Court below directed the plaintiff/respondent to deposit Rs. 2.4 lacs as consideration money and get a conveyance executed in his favour.

(3.) Being aggrieved, the vendor, being the appellant preferred the instant appeal.