SUDAM CHANDRA MALAKAR Vs. ARUNDHUTI SEN AND ANOTHER

JUDGEMENT

(1.) An injunction is sought by the plaintiff on an interim application in a suit for specific performance.

(2.) The suit is with regard to an oral agreement for sale, by the defendants to the plaintiff of a flat measuring 1259 sq. ft. together with a covered car parking space measuring 144 sq. ft. at premises No. 13A, Kalu Ghosh Lane, Police Station-Amherst Street, Kolkata-700009. The flat is on the first floor. The consideration was Rs. 69 lakhs out of which Rs. 50,000/- was paid as earnest. As evidence of this oral agreement my attention was drawn by learned Counsel for the plaintiff to a public notice dated 8th June, 2012 appearing at page 51 of the petition.

(3.) This principle of law is very well established that if a plaintiff succeeds in this kind of a suit for specific performance any disposition of the property, which is the subject matter of the agreement, by the defendant or his transferee during pendency of the suit can be reversed by the Court if the plaintiff succeeds.