PRABIR ROY CHOWDHURY Vs. AGR PLANTATIONS PRIVATE LIMITED

JUDGEMENT

(1.) These two appeals would relate to a challenge to the order dated September 28, 2011 whereby the learned single Judge dismissed the application for order of injunction restraining registration of conveyance in favour of AGR Plantation as also the other application for setting aside of the decree directing execution of conveyance in favour of AGR Plantation.

(2.) One Bhupatish Roy Choudhury was the owner of Toonbarrie Tea Estate. Bhupatish entered into an agreement for sale dated March 12, 1988 with one Khem Chand Dhingra. Bhupatish failed and neglected to conclude the sale. Dhingra filed a suit for specific performance being suit C.S. No.486 of 1991.

(3.) However, as per the agreement for sale, Bhupatish handed over possession of the tea estate to Dhingra and executed an irrevocable power of attorney in his favour empowering him to run and manage the tea estate. Under the agreement for sale, sale would be concluded upon permission being taken from the appropriate authorities. Bhupatish contended, he could not get permission as Dhingra did not assist him properly.