RITHVIK BHATTACHARYA Vs. SUMITRA BASU

JUDGEMENT

(1.) The Court: G.A. No.8 of 2021 is filed praying for amendment of plaint and consequential orders, by the Plaintiff.

(2.) The instant suit is filed by the Plaintiff praying for decree for specific performance directing the Defendant No.1 & 2 to forthwith sell, convey and transfer the premises no. 2E and 2F, Camac Street, Kolkata - 700016; perpetual injunction restraining the defendants, their men, servants and agents from alienating and/or transferring and/or encumbering and/or disposing of the suit premises along with other prayers.

(3.) Sum and substance of the plaint case is that the parties herein entered into a contract for sale of two immovable properties, being the suit properties, for valuable consideration. Substantial part of consideration has been paid by the Plaintiff. But the Defendants neglected and failed to convey the property by executing appropriate deed of conveyance. Hence the instant suit is filed. It is further averred that on 11/11/2007 the Plaintiff met with an accident for which the Plaintiff had to undergo prolonged treatment. At the time of filing of the suit certain necessary inputs and documents were inadvertently overlooked. Health of the Plaintiff was great impediment to this cause. Some of the subsequent events, after institution of the suit, are to be incorporated which are of vital importance. According to the Plaintiff, the proposed amendments would not change the nature and character of the suit. The Plaintiff, therefore, prays for amendment of the plaint, as proposed.