CHANDAN SAHA Vs. AMALENDU DEY

JUDGEMENT

(1.) The instant revisional applications under article 227 of the constitution of India arises out of the following orders:-

(2.) Plaintiffs/ petitioners case in a nutshell is that petitioners as plaintiff filed aforesaid T.S. 158 of 2014 seeking specific performance of the agreement agreed through exchange of letters upon amendment of original agreement for sale dtd. 19/7/2009 executed by and between the parties. Interms of original agreement dtd. 19/7/2009 which is sought to be impounded,plaintiff/petitioner initially agreed to purchase one self contained flat measuring about 400sq.ft. at second floor at the back side of the western portion of a building situated at premise no.1, Matilala Sen Lane and also the entire ground floor measuring an area or more or less 646 sq.ft. in a proposed G+3 storied building to be constructed as per sanction plan at a consideration price Rs.9.00 lacs and plaintiff paid advanced consideration price.

(3.) Further case of the plaintiff /petitioner is that subsequently by mutual agreement and through exchange of letters, plaintiff agreed to forgo his right of purchase of 2nd floor flat of the suit building and only expressed his readiness and willingness to purchase the three car parking spaces at the ground floor at a total consideration of Rs.3.00lacs which appears from a letter dtd. 19/3/2010, issued by the defendants through constituted power of attorney addressed to the plaintiff/petitioner and plaintiffs reply dtd. 26/3/2010 addressed to the constituted power of attorney of the defendants namely defendant No.1. Accordingly as per revised terms as agreed through letters, the petitioner/plaintiff is required to pay Rs.3.00 lacs for three car parking spaces at the ground floor, out of which, Plaintiff had already stated to have paid Rs.1,50,000.00. The defendants/opposite parties after obtaining sanction plan made construction and as per alleged revised agreement the opposite party herein were supposed to execute and register deed of sale and handover possession of the three garage spaces at ground floor but inspite of plaintiffs repeated request the defendants /opposite parties failed to execute and register the three car parking spaces upon receiving the balance consideration of Rs.1,50,000.00. Thereafter at the request of the defendant issued on 14/3/2021, the period for execution of the deed of conveyance for three garage spaces had been extended upto 15/1/2012 for one year but the defendants failed and neglected to execute and register the deed of sale and instead threatened the plaintiff to create third party interest by selling the spaces. This prompted the plaintiff/petitioner to file the aforesaid suit seeking decree for specific performance of revised contract for three garage spaces at the ground floor.