SURESH KUMAR GUPTA Vs. SAMARENDRA NATH SHAW

JUDGEMENT

(1.) Disputes revolved around two immovable properties at Ramudulal Sarkar Street, Kolkata. The plaintiffs and the original Defendant No. 5 were brothers. They entered into two several agreements both dated March 25, 1975 with the Defendant Nos. 1 to 4 for purchasing two immovable properties. During the subsistence of such agreements, the original Defendant No. 5 along with his wife filed a suit for specific performance of an alleged oral agreement in respect of the two immovable properties. In such suit the plaintiffs were not made parties. They applied for injunction in such suit. On refusal of an order of injunction, the original Defendant No. 5 and his wife preferred an appeal. In the appeal, the Defendant No. 5 and his wife entered into a compromise with the Defendant Nos. 1 to 4 and a decree dated March 7, 1984 was passed to the effect that, the Defendant Nos. 1 to 4 would sell the two immovable properties to the original Defendant No. 5 and his son.

(2.) According to the plaintiffs, they were not aware of the compromise decree. Immediately upon coming to know of the compromise decree, the plaintiffs applied before the Appeal Court. The Appeal Court granted them leave to file the instant suit by the Order dated June 4, 1984. The instant suit was filed challenging the compromise decree passed in the appeal.

(3.) During the pendency of the instant suit, few defendants died. They were duly substituted. The Defendant Nos. 1 to 4 filed one set of written statement. The original Defendant No. 5 and the Defendant No. 6 filed another set of written statement. The plaintiff produced the Plaintiff No. 1 as its witness.