TANDRA RAY Vs. SATYAM PROJECTS & OTHERS

JUDGEMENT

(1.) In this case the suit was filed on the ground that the consideration written in the Deed of Conveyance did not represent the consideration agreed between the parties and a further amount is still due from the purchaser and prayer was made for cancellation of the Deed. In support of the aforesaid contention, an application for injunction was made. This was rejected by the learned Court below. This appeal has, therefore, been preferred against the said order and an application for injunction is also made.

(2.) After admitting the appeal and hearing the question of interim order, it appeared to us that no useful purpose would be served by keeping the appeal pending. Therefore, we proposed to hear out the appeal along with the application. By consent of parties, the matter was treated as on day's list and hearing was commenced on the last date. Mr. Roy Choudhury had concluded his submission. Mr. Pratap Chatterjee was advancing his argument, which remained inconcluded. The matter is taken up today. Mr.Chatterjee had concluded his submission. Mr. Roy Choudhury had replied thereto.

(3.) The plaint case as has been arranged seems to be reflected in paragraphs 41 and 42 of the plaint (at page 20 of the application) which runs as follows :