MANOJIT BHATTACHARJEE Vs. SUMAN GANGULY

JUDGEMENT

(1.) The instant appeal arises out of the Judgement and Decree passed by the Ld. Civil Judge, Senior Divn., 1st Court, Barasat North-24- Parganas in Title Suit No. 266 of 2011 dtd. 30/9/2013. Through the impugned judgement the Ld. Trial Judge has been pleased to pass decree in the suit on contest without cost. The respondents/plaintiffs have been granted a decree for specific performance of the agreement for sale dtd. 24/2/2010 entered with the first defendant namely Manojit Bhattacharjee. The respondents/plaintiffs have also been directed to deposit the balance consideration amount and Manojit Bhattacharjee the then first defendant was directed to execute a conveyance in terms of the agreement for sale in favour of the respondents/plaintiffs after withdrawing the balance consideration amount.

(2.) The respondents were the plaintiffs in the Trial Court and are the intending purchasers whereas the appellants were the defendants in the Trial court and are the intending sellers of the property.

(3.) The fact of the instant lis is that Manojit Bhattacharjee, since deceased, the then the appellant No.1/defendant No.1 and the respondents/plaintiffs entered into an agreement for sale on 24/2/2010, intending to sell the suit property being 6 cottahs 3 chittaks of land having a one storeyed building measuring an area of 1298 square feet within Barasat Municipality, in Mouza- Prasadpur, under R.S. Dag No. 84 and 85 and Khatian No. 50 and 226 known as land of Taraknagar scheme Plot No. 17 & 17A at a consideration amount of Rs.35.00 lakhs. In the said agreement it has been mentioned that a sum of Rs.16.00 lakhs have already been paid as earnest money on different dates and it has also been agreed that the balance amount could be paid at the time of registration of the deed of conveyance. The said agreement was registered on 24/2/2010.