SHYAMAL KUMAR ROY Vs. SUSHIL KUMAR AGARWAL

JUDGEMENT

(1.) The present appeal preferred at the instance of defendant/appellant is directed against the judgment and decree dtd. 15/6/2016 passed by the learned Civil Judge (Senior Division), Second Court at Barasat, 24 parganas (North) in Title Suit no. 04 of 1999 whereby the suit for specific performance of contract and permanent injunction instituted by the developer against the owner was decreed. Plaintiff/Respondent's Case :

(2.) Facts epitomized in the plaint presented by the plaintiff/respondent/developer (in short, developer), in brief, are as follows :

(3.) Defendant/appellant/owner (in short, owner) resisted the suit by filing written statement wherein denying all the averments made in the plaint, it was specifically contended as follows :