LAKSHMI RANI DHAR Vs. FALAKATA INDUSTRIES LTD.

JUDGEMENT

(1.) The appeal is arising out of a judgment and decree dtd. 19/10/2006 passed by the learned Civil Judge (Sr. Div.), Jalpaiguri in a suit for specific performance filed by Falakata Industries Pvt. Ltd., (in short, 'Falakata').

(2.) Briefly stated, the plaintiff filed a suit for specific performance of a contract on the basis of Terms of a compromise forming a schedule to a compromise petition alleged to have been entered into in a previously instituted suit filed by Lakshmi Narayan Dhar, since deceased, against Falakata being O.C. Suit no.90 of 1997.

(3.) Falakata alleged that Lakshmi Narayan Dhar, (in short 'Lakshmi Narayan') filed a suit being O.C Suit No.90 of 1997 in the month of May, 1997 before the learned Civil Judge (Jr. Div.), Jalpaiguri against Ajit Kumar Agarwal &Ors. inter alia, praying for a decree for recovery of Khas possession against the defendants by demolishing their illegal structures from the suit land with other consequential reliefs. The plaintiff was the defendant no.3 in the said suit.